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Lakshmi NaraIn Vs. the State
Allahabad
Aug-28-1958
Criminal
Prisons Act, 1894 - Sections 3(2) and 52; Constitution of India - Article 20 and 20(2)
AIR1959All164; 1959CriLJ283
1898 - hunger strike is offence within Paragraph 742 of Jail Manual and punishable under Section 52 of the Prison Act - refusal to take food does not mean hunger strike - refusal meant to be used as a … that hunger-strikers are liable to be punished either departmentally or by prosecution under Section 52 of the Prisons Act, 1894 (IX of 1894) under which they may be sentenced to imprisonment which may extend to one year.A hunger … hunger strike, is made in paragraph 742 of the Jail Manual under Chapter XXVIII. Paragraph 742 runs as follows : --'Prisoners who go on hunger-strike
Tag this Judgment! AI Brief & AskSantosh BhagwandIn Bachharaj Vs. Superintendent, Central Prison
Mumbai
Apr-19-2003
Criminal
Prisons (Bombay Furlough and Parole) Rule, 1959 - Rule 4(10); Statutory Rules - Rule 2
2003(4)MhLj349
that on earlier occasions, the applicant/accused had availed furlough leave, but he was unable to report back to the prison in time and hence the prison authority awarded him punishment by way of deduction in remission and, therefore, … 2nd July, 1964 in exercise of the powers conferred by Sub-section (1) of Section 11 of the Prisons Act, 1894 (IX of 1894).8. It is also pertinent to note that In-charge Superintendent of Police, Yavatmal had submitted his … as per the provision contained in Sub-rule (10) of Rule 4 of Chapter 37 of The Prisons (Bombay Furlough and Parole) Rules, 1959. Sub-rule (10) … of Indian Penal Code, by the learned Additional Sessions Judge, Yavatmal on 9th July, 1997 and he was sentenced to undergo imprisonment for life. She
Tag this Judgment! AI Brief & AskRamesh Lallu Jakhra Vs. State of Gujarat and ors.
Gujarat
Aug-08-1988
Criminal
(1989)2GLR850
Martial and includes a person detained in prison under the provisions of Chapter VIII of the Code of Criminal Procedure, 1882 or under the Prisoners … the State Government concerned depending upon the nature of remission. These powers flow from the provisions of Prisons Act, 1894. As far as the power to grant furlough is concerned, it is as per the provisions of 'the … A.P. Ravani, J.1. While granting furlough leave as provided under the provisions of the Prisons (Bombay Furlough and Parole) Rules, 1959 (for short 'the Rules') is the Inspector General of Prisons who is
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Rama Murthy Vs. State of Karnataka
Supreme Court of India
Dec-23-1996
Media and CommunicationConstitution
Constitution of India - Article 21
AIR1997SC1739; 1997CriLJ1508; 1997(1)SCALE95; (1997)2SCC642
said about various punishments by this Court in its aforesaid decisions. Not only this, the century old Indian Prison Act, 1894, needs a thorough look and is required to be replaced by a new enactment which would take care … Report of the Law Commission of India on 'Congestion of Undertrial Prisoners in Jails'. The Commission has in chapter 9 of the Report made some recommendations acceptance of which would relieve congestion in jails. These suggestions include liberalisation
Tag this Judgment! AI Brief & AskSukanya Shantha Vs. Union Of India
Supreme Court of India
Oct-03-2024
Right to Information
the orders of the Inspector General.231 The Chapter further provides for provisions regarding jailers, 231 Section 11, Prisons Act, 1894. 88 PART XIII medical officers and subordinate officers, including convict officers. Chapter V of the Act contains provisions … states and UTs and the DG/IG Prisons of all States and UTs to ensure that the State Prison Manual/Prison Act should not contain any discriminatory provisions. She further argued that “prisons, reformatories, Borstal institutions and other institutions of … Interpretation ................................................................................. 6 IV. The Constitution of Emancipation, Equality, and Dignity ...................................... 9 V. The Contours of Article 14 ................................................................................. 17 VI. Non-Discrimination under Article
Tag this Judgment! AI Brief & AskTmt. Rohini Lingam Vs. State Represented by the Secretary to Governmen ...
Chennai
Apr-30-2008
Criminal
Indian Penal Code (IPC) - Sections 147, 148, 302, 307, 332, 324, 342 and 448; Arms Act, 1959 - Sections 25(1); Indian Explosive Substances Act - Sections 56; Prisons Act, 1894 - Sections 3(1), 4, 19, 20, 59 and 59(8); Prisoners' Act, 1900; Tamil Nadu Prison Rules, 1983 - Rules 1, 32, 34, 44 and 71; Code of Criminal Procedure (CrPC) , 1882 - Sections 541; Constitution of India - Articles 9(5), 21, 32 and 226
(2008)5MLJ822
Under Sub-section 26 power is given to the Government for extending any or all of the provisions of the Prison Act, 1894 and rules thereunder to subsidiary jails or special places of confinement appointed under Section 541 of the Code … to (26) of the prisons Act, 1894, the Government has framed various rules. As per Rule 1 of Chapter 1 which speaks about classes of prisoners who may be confined in subsidiary jails, it is stated as … has been infringed. Much more needs to be done. 41... 42. Article 9(5) of the International Covenant on Civil and Political Rights, 1966 (ICCPR) provides
Tag this Judgment! AI Brief & AskMeharraj Vs. 1)The State of Tamil Nadu,
Chennai
Sep-08-2014
Miscellaneous
Police, Central Prison, Trichy and finding him guilty, for having committed the prison offence, Under Section 45 of the Prison Act, 1894 (Central Act IX of 1894) r/w. Rules 297(8), (ii), (44) and 57 of Tamil Nadu Prison Manual Volume … effective control over the prisoners, in the prisons. They are responsible for the internal management of the prison.47. Chapter II deals of the Prisons Act, 1984, deals with maintenance of officers of Prisons. Sections 4 and 5 … time (8)Hand cuffing for not exceeding 12 hours at a time (and 9 omitted) 7 & 8 above G.O.Ms.No.2291, Home Dept, dated 12.10.90 I.G's No.7806/GI/90
Tag this Judgment! AI Brief & AskR.P. Vaghela Vs. State of Gujarat
Gujarat
Feb-01-2002
Contempt of CourtConstitution
Constitution of India - Articles 21, 129, 141, 144 and 215; Contempt of Courts Act, 1971 - Sections 2, 10, 15, 15(2) and 20; Prisons Act, 1894 - Sections 45; Prisoners (Attendance in Courts) Act, 1955 - Sections 5; Code of Criminal Procedure (CrPC) , 1973 - Sections 49
2002CriLJ3082; (2002)1GLR886
under the orders of the Magistrate as already indicated by us.21. We direct all ranks of police and the prison authorities to meticulously obey the above-mentioned directions. Any violation of any of the directions issued by us by … Bench in Sunil Batra case (supra) negatived the challenge against the constitutionality of Section 56 of the Prisons Act, 1894 which empowered the Jail Superintendent to put a prisoner in irons (which were 'bar-fetters' in that case), when … to be registered as suo motu Petition No. 6572 of 2000 on 9-11-2000. When the matter came up on Board before the Division Bench assigned
Tag this Judgment! AI Brief & AskSendhaji Mathurji and ors. Vs. State of Gujarat and ors.
Gujarat
Aug-01-1980
Criminal
(1981)22GLR451
imprisonment for life awarded to them under Section 302, Indian Penal Code. They have earned remissions under the Prisons Act, 1894, and the Bombay Rules made thereunder. They contend that even though each one of them has … for life awarded to them under Section 302, Indian Penal Code. They have earned remissions under the Prisons Act, 1894, and the Bombay Rules made thereunder. They contend that even though each one of them has served jail … has been invited to the Prisons Act, 1894. It runs into several Chapters none of which contains any provision relevant for the purpose of the … released. In order to answer that contention, the Supreme Court examined Rule 934, Rule 937(c), Rule 1419(c) and Rule 1447(2) of the Bombay Rules made
Tag this Judgment! AI Brief & AskK. Manohar Rao Vs. Govt. of A.P. and Others
Andhra Pradesh
Dec-08-1998
ConstitutionCriminal
Andhra Pradesh Prisons Rules, 1979 - Sections 59(5) - Rules 8, 318, 320, 321, 324(A)(B), 326 and 351; Prisons Act, 1894 -; Constitution of India - Articles 14, 21, 32, 72 and 161; Code of Criminal Procedure (CrPC) , 1973 - Sections 401, 432 and 433-A; Essential Commodities Act, 1955; Protection of Civil Rights Act, 1955; Indian Penal Code (IPC), 1860 - Sections 55
1999(1)ALD214; 1999(1)ALT316; 1999CriLJ1551
services enumerated under Rule 351 and such a 'special remission' is to be awarded by the Superintendent of the Prison upto a period of 30 days and by the Inspector-General of the State upto 60 days. Though the … are made in exercise of the power conferred on the State Government under Section 59 of the Prisons Act, 1894. Apart from the fact the very Rules expressly declare that they are made in exercise of the power … obligation in view of Rules 320.321 etc., of the Rules contained under Chapter XXII of the Andhra Pradesh Prisons Rules, 1979, to consider the premature
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