2. In this Act, unless the context otherwise requires, ---
(1) “State” means the State of Assam;
(2) “State Government” means the Government of
Assam;
(3) “appropriate Government” in relation to
suspension, remission or commutation of sentence means
------
(a) in cases where the sentence is by a Court
Martial, the Central Government or any officer of
the Armed Forces of the Union empowered
under any law in force to suspend, remit or
commute a sentence passed by a Court Martial;
and
(b) in cases where the sentence is by a Court other
than a Court Martial, ----
(i) if the sentence is of death or is for an
offence against any law relating to a
matter to which the executive power of the
Union extends, the Central Government;
and
(ii) if the sentence, whether of death or not, is
for an offence against any law relating to a
7
matter to which the executive power of the
State extends, the Government of the
State or Union Territory within which the
sentence is passed;
(4) “court” includes any officer or authority
empowered to commit a person to prison by any writ,
warrant or order under any law in force including any law
providing for preventive detention;
(5) “prison”, which is synonymous with “jail”, means
an institution established and so declared under section 3
for the detention and correctional treatment of offenders
and for the detention of such other persons as may be
committed to custody under any law, but does not include -
----
(a) any place used or appointed for the
detention of persons exclusively in the
custody of the police;
(b) any place specially appointed by the
State Government under section 417 of
the Code of Criminal Procedure, 1973;
(c) any institution established under the
Assam Borstal Institution Act, 1968;
(d) any institution established or certified or
recognized under the Juvenile Justice
(Care & Protection of Children) Act, 2000.
(6 ) “central jail” means a class of prison meant for
centralised detention and correctional treatment of
offenders sentenced to relatively long terms of
imprisonment and also for detention of such other class or
classes of persons as specified by rules made under this
Act and orders made under such rules;
(7) “district jail” means a class of prison meant for
detention of all classes of persons committed by the
Courts of a district or a sub-division thereof;
(8) “sub-jail”, which is synonymous with “subsidiary
jail”, means a class of prison meant for detention of
undertrial persons committed by the Courts of a district or
a sub-division thereof;
(9) “special jail” means a class of prison meant for
detention of such class or classes of persons as specified
by rules made under this Act and orders made under such
rules;
(10) “open jail” means a class of prison with a
demarcated periphery but without any high enclosure wall
and meant for detention of offenders sentenced to
relatively long terms of imprisonment, after satisfactorily
serving a part of such imprisonment in closed prisons, with
a view to developing their sense of responsibility, selfdiscipline and self-esteem prior to release from prison;
(11) “offence” means an act or omission punishable
under any law in force;
(12) “offender” means a person convicted of any
offence;
(13) “prison offence” means such act or omission
on the part of an inmate as specified in section 70 and
made punishable under section 71 and sub-section (1) of
section 74;
(14) “inmate” means a person detained in prison
under the writ, warrant or order of any Court;
(15) “adult inmate” means an inmate who has
attained the age of twenty-one years;
(16) “adolescent inmate” means an inmate who has
attained the age of eighteen years, but has not attained
the age of twenty-one years;
(17) “convicted inmate” means an inmate under a
sentence of death or imprisonment imposed on conviction
by a Court exercising criminal jurisdiction or by a Court
Martial, and includes a person committed to prison in
default of furnishing security to keep the peace or be of
good behaviour under section 122 of Chapter VIII of the
Code of Criminal Procedure, 1973, or in default of
payment of maintenance under section 125 of Chapter IX
of the said Code;
(18) “undertrial inmate” means a person accused of
an offence and committed to prison by a Court exercising
criminal jurisdiction or by a Court Martial pending the
investigation, inquiry or trial of such offence;
(19) “civil inmate” means a person committed to
prison by a Court exercising civil jurisdiction or by an
officer under any law relating to recovery of public
demands;
(20) “detenu” means a person committed to prison
under any law providing for preventive detention;
(21) “inmate of unsound mind” means –
(a) a person accused of an offence, who is
alleged to be of unsound mind and is
committed to prison under section 328 of
the Code of Criminal Procedure, 1973
pending medical examination, or
(b) a person accused of an offence, who is
found to be of unsound mind and
consequently incapable of making his
defence and is committed to prison under
section 330 of the Code of Criminal
Procedure, 1973 for safe custody, or
(c) a person acquitted of an offence on
grounds of unsoundness of mind, who is
committed to prison under section 335 of the
Code of Criminal Procedure, 1973 for safe
custody, or
(d) a convicted inmate who is found to be of
unsound mind;
(22) “separate confinement” means such
confinement as secludes an inmate from communication
with, but not from the sight of, other inmates, and allows
him not less than one hour's exercise per day and to have
his meals in association with one or more other inmates;
(23) “imprisonment” includes imprisonment for life;
(24) “imprisonment for life” means imprisonment for
the entire life of the person under sentence of
imprisonment for life, unless such sentence is remitted
earlier by the appropriate Government;
(25) “prohibited article” means an article, the
introduction or removal of which into or out of a prison is
prohibited by any rule made under this Act;
(26) “history ticket” means the ticket exhibiting such
information in respect of an inmate as is specified under
this Act or prescribed by rules made thereunder;
(27) “remission” means a concession granted under
the provisions of section 65 to a convicted inmate, as a
consequence of which the sentence of imprisonment,
except where the sentence is one of imprisonment for life,
of the inmate is shortened;
(28) “furlough” means the temporary conditional
release of a convicted inmate on leave or on emergency
grounds granted under the provisions of section 66;
(29) “parole” means the premature conditional
release of a convicted inmate granted under the provisions
of section 67;
(30) “day-release” means conditional release of a
convicted inmate during the day time granted under the
provisions of section 68;
(31) “Inspector General” means the Inspector
General of Prisons, Assam;
(32) “Superintendent” means the Superintendent of
a prison;
(33) “Medical Officer” means a Doctor appointed as
Medical Officer of a prison;
(34) “officer of a prison” means an officer appointed
under section 8;
(35) “prescribed” means prescribed by rules made
under this Act;
(36) “section” means section of this Act.
(37) the word “he” and its derivatives shall be
construed to mean any person, whether male or female;
(38) words and expressions used in this Act and
not defined herein but defined in the Indian Penal Code,
1860 and the Code of Criminal Procedure, 1973 shall have
the same meanings as assigned to them in the said
Codes.
Section 2 • The Assam Prisons Act, 2013
section 2 Definitions
assam-prisons-act-2013-sec-2.json
•
Section 2
{
"act_title": "The Assam Prisons Act, 2013",
"act_slug": "assam-prisons-act-2013",
"section_label": "Section",
"section": {
"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
},
"prev_section": "1",
"next_section": null
}