The Assam Prisons Act, 2013

{
    "id": 231,
    "slug": "assam-prisons-act-2013",
    "title": "The Assam Prisons Act, 2013",
    "short_title": "The Assam Prisons Act, 2013",
    "act_number": "15",
    "act_year": 2013,
    "act_type": "STATE",
    "location": "Assam",
    "law_status": "valid",
    "enactment_date": "2013-05-30",
    "description": "The Assam Prisons Act, 2013",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "section 1 Short title, extent and commencement",
            "chapter": null,
            "content": "(1) This Act may be called the Assam Prisons Act,\r\n2013.\r\n (2) It extends to the whole of the State of Assam.\r\n (3) It shall come into force on such date as the State\r\nGovernment may, by notification in the Official Gazette,\r\nappoint.\r\n",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "section 2 Definitions",
            "chapter": null,
            "content": "2. In this Act, unless the context otherwise requires, ---\r\n(1) “State” means the State of Assam;\r\n(2) “State Government” means the Government of\r\nAssam;\r\n(3) “appropriate Government” in relation to\r\nsuspension, remission or commutation of sentence means\r\n------\r\n(a) in cases where the sentence is by a Court\r\nMartial, the Central Government or any officer of\r\nthe Armed Forces of the Union empowered\r\nunder any law in force to suspend, remit or\r\ncommute a sentence passed by a Court Martial;\r\nand\r\n(b) in cases where the sentence is by a Court other\r\nthan a Court Martial, ----\r\n (i) if the sentence is of death or is for an\r\noffence against any law relating to a\r\nmatter to which the executive power of the\r\nUnion extends, the Central Government;\r\nand\r\n (ii) if the sentence, whether of death or not, is\r\nfor an offence against any law relating to a\r\n7\r\nmatter to which the executive power of the\r\nState extends, the Government of the\r\nState or Union Territory within which the\r\nsentence is passed;\r\n(4) “court” includes any officer or authority\r\nempowered to commit a person to prison by any writ,\r\nwarrant or order under any law in force including any law\r\nproviding for preventive detention;\r\n(5) “prison”, which is synonymous with “jail”, means\r\nan institution established and so declared under section 3\r\nfor the detention and correctional treatment of offenders\r\nand for the detention of such other persons as may be\r\ncommitted to custody under any law, but does not include -\r\n----\r\n(a) any place used or appointed for the\r\ndetention of persons exclusively in the\r\ncustody of the police;\r\n(b) any place specially appointed by the\r\nState Government under section 417 of\r\nthe Code of Criminal Procedure, 1973;\r\n(c) any institution established under the\r\nAssam Borstal Institution Act, 1968;\r\n(d) any institution established or certified or\r\nrecognized under the Juvenile Justice\r\n(Care & Protection of Children) Act, 2000.\r\n(6 ) “central jail” means a class of prison meant for\r\ncentralised detention and correctional treatment of\r\noffenders sentenced to relatively long terms of\r\nimprisonment and also for detention of such other class or\r\nclasses of persons as specified by rules made under this\r\nAct and orders made under such rules;\r\n (7) “district jail” means a class of prison meant for\r\ndetention of all classes of persons committed by the\r\nCourts of a district or a sub-division thereof;\r\n (8) “sub-jail”, which is synonymous with “subsidiary\r\njail”, means a class of prison meant for detention of\r\nundertrial persons committed by the Courts of a district or\r\na sub-division thereof;\r\n(9) “special jail” means a class of prison meant for\r\ndetention of such class or classes of persons as specified\r\nby rules made under this Act and orders made under such\r\nrules;\r\n(10) “open jail” means a class of prison with a\r\ndemarcated periphery but without any high enclosure wall\r\nand meant for detention of offenders sentenced to\r\nrelatively long terms of imprisonment, after satisfactorily\r\nserving a part of such imprisonment in closed prisons, with\r\na view to developing their sense of responsibility, selfdiscipline and self-esteem prior to release from prison;\r\n (11) “offence” means an act or omission punishable\r\nunder any law in force;\r\n (12) “offender” means a person convicted of any\r\noffence;\r\n(13) “prison offence” means such act or omission\r\non the part of an inmate as specified in section 70 and\r\nmade punishable under section 71 and sub-section (1) of\r\nsection 74;\r\n (14) “inmate” means a person detained in prison\r\nunder the writ, warrant or order of any Court;\r\n(15) “adult inmate” means an inmate who has\r\nattained the age of twenty-one years;\r\n (16) “adolescent inmate” means an inmate who has\r\nattained the age of eighteen years, but has not attained\r\nthe age of twenty-one years;\r\n (17) “convicted inmate” means an inmate under a\r\nsentence of death or imprisonment imposed on conviction\r\nby a Court exercising criminal jurisdiction or by a Court\r\nMartial, and includes a person committed to prison in\r\ndefault of furnishing security to keep the peace or be of\r\ngood behaviour under section 122 of Chapter VIII of the\r\nCode of Criminal Procedure, 1973, or in default of\r\npayment of maintenance under section 125 of Chapter IX\r\nof the said Code;\r\n\r\n(18) “undertrial inmate” means a person accused of\r\nan offence and committed to prison by a Court exercising\r\ncriminal jurisdiction or by a Court Martial pending the\r\ninvestigation, inquiry or trial of such offence;\r\n(19) “civil inmate” means a person committed to\r\nprison by a Court exercising civil jurisdiction or by an\r\nofficer under any law relating to recovery of public\r\ndemands;\r\n(20) “detenu” means a person committed to prison\r\nunder any law providing for preventive detention;\r\n(21) “inmate of unsound mind” means –\r\n (a) a person accused of an offence, who is\r\nalleged to be of unsound mind and is\r\ncommitted to prison under section 328 of\r\nthe Code of Criminal Procedure, 1973\r\npending medical examination, or\r\n (b) a person accused of an offence, who is\r\nfound to be of unsound mind and\r\nconsequently incapable of making his\r\ndefence and is committed to prison under\r\nsection 330 of the Code of Criminal\r\nProcedure, 1973 for safe custody, or\r\n (c) a person acquitted of an offence on\r\ngrounds of unsoundness of mind, who is\r\ncommitted to prison under section 335 of the\r\nCode of Criminal Procedure, 1973 for safe\r\ncustody, or\r\n(d) a convicted inmate who is found to be of\r\nunsound mind;\r\n(22) “separate confinement” means such\r\nconfinement as secludes an inmate from communication\r\nwith, but not from the sight of, other inmates, and allows\r\nhim not less than one hour's exercise per day and to have\r\nhis meals in association with one or more other inmates;\r\n(23) “imprisonment” includes imprisonment for life;\r\n(24) “imprisonment for life” means imprisonment for\r\nthe entire life of the person under sentence of\r\nimprisonment for life, unless such sentence is remitted\r\nearlier by the appropriate Government;\r\n(25) “prohibited article” means an article, the\r\nintroduction or removal of which into or out of a prison is\r\nprohibited by any rule made under this Act;\r\n(26) “history ticket” means the ticket exhibiting such\r\ninformation in respect of an inmate as is specified under\r\nthis Act or prescribed by rules made thereunder;\r\n(27) “remission” means a concession granted under\r\nthe provisions of section 65 to a convicted inmate, as a\r\nconsequence of which the sentence of imprisonment,\r\nexcept where the sentence is one of imprisonment for life,\r\nof the inmate is shortened;\r\n(28) “furlough” means the temporary conditional\r\nrelease of a convicted inmate on leave or on emergency\r\ngrounds granted under the provisions of section 66;\r\n(29) “parole” means the premature conditional\r\nrelease of a convicted inmate granted under the provisions\r\nof section 67;\r\n(30) “day-release” means conditional release of a\r\nconvicted inmate during the day time granted under the\r\nprovisions of section 68;\r\n(31) “Inspector General” means the Inspector\r\nGeneral of Prisons, Assam;\r\n(32) “Superintendent” means the Superintendent of\r\na prison;\r\n(33) “Medical Officer” means a Doctor appointed as\r\nMedical Officer of a prison;\r\n(34) “officer of a prison” means an officer appointed\r\nunder section 8;\r\n(35) “prescribed” means prescribed by rules made\r\nunder this Act;\r\n(36) “section” means section of this Act.\r\n(37) the word “he” and its derivatives shall be\r\nconstrued to mean any person, whether male or female;\r\n(38) words and expressions used in this Act and\r\nnot defined herein but defined in the Indian Penal Code,\r\n1860 and the Code of Criminal Procedure, 1973 shall have\r\nthe same meanings as assigned to them in the said\r\nCodes.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        }
    ],
    "metadata": {
        "Act ID": "201315",
        "Act Number": "15",
        "Enactment Date": "2013-05-30",
        "Act Year": "2013",
        "Short Title": "The Assam Prisons Act, 2013",
        "Department": "Home Department",
        "Type": "STATE",
        "Location": "Assam"
    },
    "updated_at": "2026-09-29 21:52:04"
}