DELHI JAIL MANUAL

(17), 27 and 28 of section 59 of the Prisons Act, 1894 (IX of 1894) by the
Administrator of the Union Territory of Delhi.

5. Procedure if a Warrant is illegal or irregular-(1) if, in any case, the Superintendent is in

doubt as to the legality of any Warrant or Order of commitment received by him with any
prisoner admitted to the jail, or as to the competency of the person whose official seal and
signature are affixed thereto, to pass the sentence and issue such warrant or order, he shall
refer the matter to the Delhi Administration by whose order he and all other public Officers
shall be guided as to the future disposal of the prisoner and detain the prisoner till a
guidance is received on the reference, treating as if the warrant or order was correct.

2. If any error or omission, which in the opinion of the Superintendent, due to mere
oversight or mistake, is found in any warrant or order of commitment, or if the sentence or
order passed though within the competency of the Court or authority which passed it, is in
any way detective in form or otherwise irregular , he may receive the prisoner subject to
reference to such Court or authority, as the case may be for orders.

6. Examination of Warrants and Notes of Explanation – All warrants shall be examined to

ascertain whether they conform to the code of Procedure, 1973 and the Orders of the High
Court.

Note 1. A warrant ordering imprisonment without specifying whether it is to be

simple or rigorous imprisonment, an un-dated or an unsealed warrant shall be returned for
correction. In the case of an unsigned warrant neither the prisoner nor the warrant shall be
accepted.

Note 2. In the case of under trial prisoners the Warrant, should be specify:

(a) Name of the prisoners;

(b) His parentage;
(c) Residential address;
(d) Particulars of the case namely F.I.R. No./D.D. No. Section & the Prisoner is
remanded to custody and Police Station.
(e) The period of custody or date of producing before the court. The Warrant should
also be sealed and signed by the presiding officer of the court. If the prisoner is
injured, the custody warrant should be accompanied by a medico-legal
certificate. In case of prisoner sent to jail under Chapter-VIII of the Cr. P.C., 1973,
the custody warrant shall be accompanied by a notice under Sec. III, Cr.P.C.

Note 3: Every warrant should show whether the prisoner is a casual or habitual
offender. In case of those previously convicted, a statement showing the previous
convictions/involvements, should be attached.

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Note 4: Warrants or orders shall be written in Hindi or in English.

Note 5: The Superintendent of a jail is justified in refusing to receive or detain a

prisoner in Jail on a warrant to which is affixed a signature by means of a stamp. Bu
he should not ordinarily, refuse to admit a person for this or other defects, but he
should draw the immediate attention of the Magistrate concerned to the defect and
ask for the rectification at once.

Note 6: All warrants should be signed in full (not initiated) by the Judge or
Magistrate who issues it and should be sealed with the seal of the court.

Note 7: In case of persons on which separate sentences are passed, care should be
taken to state in the Warrant of commitment for imprisonment the date from which
sentence is to have take effect.

Note 8: In the case of under trial prisoners the Warrant of commitment for
intermediate custody should be prepared with the greatest care possible with
reference to the above instructions.

Note 9: Warrants for the release or remission of Sentence of prisoner confined in

jail, warrants for the release of prisoner on bail and intimation of payment of fines
sent to jail authorities shall be done through Official messenger only and not by
friends or relatives of the accused.

Note 10: There should be a separate warrant or notice for every prisoner even of
two or more prisoners have been jointly charged or convicted.

7. Copy of warrant returned for correction to be kept – When a warrant is returned

for correction, a copy shall be retained in the appropriate compartment of the
warrant almirah until the original is returned.
8. Date of release and Responsibility for correctness - (1) the date on which a
prisoner is entitled to be released shall be calculated by the Deputy Superintendent
and an entry made in the Release register (No.4) under that date, giving the name
and serial number etc. of the prisoner. Iris not the duty of the committing Officer to
notice the date of release on the warrant; if such date is noted incorrectly or omitted
the warrant shall note returned for correction on that account.
(2.) In case the date of release be changed either by the imposition of additional
imprisonment, or, by revision of any part of sentence or by absence on bail or after
escape, a new date of release shall be fixed and an entry be made under the date.

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The old entry should be scored through with red ink and a reference made against it
to the new date fixed.
(3.) The deputy Superintendent shall himself check each entry in the release register
and admission register and shall be personally responsible for their correctness.

9. Certain days to count as days of Sentence- Proviso – (1) In calculating the day on
which any prisoner is entitled to be released, the day on which the sentence is
passed and the day on which the prisoner is released, respectively, shall be deemed
to be days of imprisonment.
Provided that if, in the case of any prisoner, two or more sentences are to be
undergone otherwise than concurrently, no day shall be counted as a day of
imprisonment in respect of more than on such sentence, and that sentence of
imprisonment for one day or for twenty-four hours shall be deemed to expire on
morning of the day following that on which the sentence was passed.
(2.) In calculating perioids of imprisonment expressed in months, a month shall be
deemed to be Calendar month.
Example 1: A prisoner sentenced to one year imprisonment on the 15th January,
1987 shall be released on 14th January, 1988, a prisoner sentenced on the 1st
January, to one month’s imprisonment shall be released on the 31 st of the same
month.
Example 2: A, B and C are sentenced, respectively, to one month’s imprisonment on
29th, 30th and 31st January of 1987. All three sentences expire on the morning of 28 th
February, 1987.

10. Periods to be excluded from sentence – When by order of any competent

authority any prisoner is released on bail or the operation of any sentence of
imprisonment passed upon any prisoner is, for any reason, suspended for a time and
such prisoner is subsequently lawfully committed to prison, the period during which
such prisoner was so released on bail or the sentence of imprisonment passed on
such prisoner was so suspended shall, unless the warrant or order of recommitment
otherwise directs, be excluded in calculation the periods of the sentence;
Provided that:-
(a) A prisoner who is released on bail on the day on which the sentence of
imprisonment is passed, shall not be deemed to have undergone any part of his
sentence until he is again placed in confinement; and that
(b) This rule shall not be deemed to apply to persons undergoing imprisonment
under the provisions of section 122 of the Code of Criminal Procedure, 1973.

Note: A prisoner released on bail on day subsequent to that on which he was

committed to jail but who is again recommitted to undergo sentence in the same case, shall

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be entitled to count every day of admission and every day of release as days of
imprisonment in respect of such sentence.

11. date of release when a period has been excluded from sentence – When a
period has been excluded from a sentence under the preceding rule, the mode to be
adopted in calculating the date of release is – take the full terms of the sentence as
commencing from the date of re-admission and deduct from it the number of days already
passed in jajl; the date so arrived at will be date on which the sentence expires.

12. Note 12. Operation of a second sentence when a first sentence is set-aside- (1)
when a prisoner has been committed to jail at one trial under two – separate warrants, the
sentence in the one is to take effect from the expiry of the sentence in the other, the date of
such second sentence shall, in the event of the first sentence being set-aside on appeal, be
presumed to take effect from the date n which he was committed to jail under the first or
original sentence.

(2.)”When separate sentences have been passed in separate trials and the sentences
are to run consecutively, the operation of the second sentence will in the event of the first
sentence being set-aside on appeal, commence from the date of conviction in the second
case.

13. Date from which a sentence finally passed shall court- When an appellate Court
modifies a sentence passed by a lower Court without change of Section or when an
appellate court passes a new sentence by changing the conviction section or the
punishment section or otherwise, the sentence finally passed shall count, unlike otherwise
specially directed, from the date of imprisonment under the original sentence.

14. Date of release when two or more sentences run consecutively- When a
prisoner is sentenced to two or more terms of imprisonment to be served consecutively, the
date of release shall be calculated as if the sum of the terms was awarded in one sentence.

Example: A prisoner, sentenced on the 21st June, 1986 to one year’s imprisonment is,
for another offence, subsequently sentenced to a further term of one year, the period to
commence from the expiration of the first sentence, he will be released on the 20 th June,
1988 and not on the 19th June, 1988.

15. Calculation of date of release when a fine is partially paid- If a prisoner be sentenced to
imprisonment of which the whole or any portion is in default of the payment of any fine and
if the fine or portion of it be not immediately paid, the release shall be fixed and entered in
the release diaries on such dates and shall correspond to payment as well as non-payment
of the fine. When any portion of the fine is subsequently paid, the date of release shall be
altered accordingly.

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Example: If a prisoner be sentenced on the 1st January to six months imprisonment and to
pay a fine of Rs. 300/- or in default of payment to be imprisonment for a further period of
six months, then, supposing that the prisoner, immediately on conviction, pays Rs. 100, the
date of release shall be first fixed at the 31 st October, that is, six months plus four months (
being the term proportionate to the amount of the fine unpaid) and entries shall be made in
the release register on the 30th June and 31st October, if he afterwards pays another Rs. 100,
the later date shall be changed to 31st August, on his paying the whole, the fact shall be
noted opposite the entry on the 30th June.

16. Calculation of remission on payment of fine - If a prisoner who is sentenced to a fine

and in default to imprisonment for a certain number of months, pays any part of his fine,
the remission for the payment shall be calculated in Calendar months and not in days. Any
fraction of a month obtained by such calculation shall be reduced to days. A fraction of a
day less than one half shall not be counted, any greater fraction shall count as one day.

Example: If a prisoner be sentenced on the 15 th July to 6 months imprisonment and to pay a

fine of Rs. 300/- in default of payment to six months further imprisonment and he pays Rs.
63/- the calculation shall be made as follows:-

63/300*6 months 63/50 = 1*13/15 months

The date of release deducts one month would fall on the 14th June as the month preceding
June has 31 days the 13/50 of a month will be calculated on 31days, thus
13/50*31=403/50=8.3/50 days. Here the remission for payment of Rs. 63 is 1 month and 8
days.

If the prisoner has been sentenced on the 15th June instead of 15th July, the
calculation of the 13/50 of a month would have to made on a 30 days month, because from
any date in April to the same date in May, as follows:

13/50*30-39/:07-4/5 days so that in that case, the remission would be also 1 month
and 8 days (4/5 day being more than half a day.)

17. Disposal of notice of payment of fine – If a fine is paid in part or whole after a prisoner
is admitted to jail, the Court receiving it will unless it has already received back the
prisoner’s warrant with an endorsement showing that he has been released, notify the fact
to the Superintendent of the Jail in which the prisoner was first confined after conviction.

This notification shall be file with the warrant and returned with it after sentence has
been carried out.

18. Procedure when a prisoner with imprisonment in lieu of fine is transferred – (1) When
a prisoner whose sentence includes an order of imprisonment in default of payment of fine,
is received by transfer from a jail other than the jail in which he was first confined,
intimation shall forthwith be given by the receiving jail to the Superintendent of the jail

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where he was first confined who shall cause a record of the receipt of such intimation to be
made in the admission register of his jail. The Superintendent of the jail to which a prisoner
was first committed, is responsible for seeing that modifications of payment of the fine
received by him are promptly transmitted to the jail in which the prisoner is confined, such
notices shall be sent under a registered cover.

(2). The superintendent Jail shall maintain or cause to be maintained a register of fine
alongwith a serialed receipt book from which the receipt will be issued to the prisoner or his
representative, and the Counterfoil will be maintained by the Superintendent. The amount
of fine must be deposited with the Cashier, Central Jail and the T.R. 5 should be pasted and
entered on record.

19. The payment of fine at the Jail – (1) The Superintendent is authorized to receive the
fines tendered at the Jail. In the absence of the Superintendent, the Deputy Superintendent
shall receive the fine or portion thereof tendered to him and shall on the first opportunity
produce the warrant, with any entry of the fact that such payment has been made, for the
signature of the Superintendent.

(2) Fine received at the jail shall without delay be remitted into the Treasury.

20. Imprisonment in view of fine to succeed substantive sentences- If a prisoner sentenced

to a term of imprisonment in default of payment of fine is either at the same time or
subsequently sentenced to a term of imprisonment without the option of imprisonment and
default of payment of fine shall be kept in abeyance till the expiration of all the substantive
sentences of imprisonment.

Example: A prisoner is sentenced on the 9th June, 1986 o two years rigorous imprisonment
and a fine of Rs. 50/- or in default 6 months further rigorous imprisonment; on the 17 th July
of the same year, he sentenced under another charge to imprisonment for 18 months and
on the 6th October, 1987 he is again sentenced on a third charge to imprisonment for two
years- the sentence for 6 months imprisonment in default of payment of fine should be
begin from 9th December, 1991 ( the date on which all the substantive sentences expire
being the 8th December).

Note: This covers the case of prisoner whose first sentence of imprisonment is in
default of payment of fine. Any substantive sentence of imprisonment subsequently passed
shall count from the date of first sentence and the imprisonment in lieu of fine shall take
effect last, although a portion of it may have been already served when the substantive
sentence was awarded, if however, the imprisonment in default of payment of fine is of a
different character to that of the substantive sentence, such imprisonment in default shall
he completed before the substantive sentence of imprisonment shall take effect.

21. Imprisonment under section 106, or 118, Cr. P.C in addition to a substantive sentence -
(1) If any person, in respect of whom an order requiring security is made under Section 103

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or section 118, is, at the time such order is made sentenced to, or undergoing as sentence
of, imprisonment, the period for which such security is required shall commence on the
expiration of such sentence.

(2) In other cases such period shall commence on the date of such order unless the
Magistrate, for sufficient reason fixes a later date.

Note: An order under section 122, Cr. P.C , 1973 directs that a person who had failed
to give security shall be detained in prison is not a sentence of imprisonment of the purpose
of section 427 of the Code. It is merely an order for detention in prison and if it is passed
under clause (2) of Section 122, the Magistrate’s proceeding must be laid before the
Sessions Judge who may, thereafter, pass such order on the case as he thinks fit. But the
Sessions Judge confirms or varies the order and does not set it aside, the period for which
detention is ordered must date from the time when the first Court passed its order.

22. Management, and Custody of Warrant – The date of a prisoner’s Admission into jail and
the register number given to him, shall been endorsed on his warrant and signed by the
Deputy Superintendent; the warrants shall be arranged according to the date of release and
put together in open fold in monthly bundles and docketed outside with the month and
year. Each bundle shall occupy a separate receptacle in the warrant almirah, of which the
Deputy Superintendent shall keep the key.

23. Record for the purpose of identification – A full personal description of every prisoner
with a note of any special marks on his person, and his left thumb impression, shall, for
purposes of identification, be recorded in the admission register.

24. “Juvenile prisoner – If a prisoner in case of boy appears to be less than 16 years of age
and in case of a girls appears to be less than 18 years at the time of admission in jail, the
Superintendent of Jail shall have the prisoner examined immediately and if the prisoner’s
age is confirmed to be less than 16 years in case of a boy and of less than 18 years in case of
girl. i.e., a Juvenile within the meaning of Section 2 (h) of the Juvenile Justice Act, 1986 the
prisoner’s case shall be referred to the concerned court for his/her detention in a Juvenile
Home.”

(a) 24. Prisoner under the age of 16 year – If a prisoner appears to be less than 16 years of
age at the time of his admission in the jail, the Superintendent shall have the prisoner
immediately examined medically and if the prisoner’s age is confirmed to be less than 16
years, then prisoner’s case will be referred to the concerned trial court for his detention in a
juvenile home.

(b) This new matter of Rule 24 has been amended vide ‘Notification No.!’. 9/75/87-Home
(G) dated 23.08.1990-“The delhi Prisons (Admission, Classification, Separation, Remission,
Reward and Release of Prisoners) (Amendment) Rules, 1990.” – To come into force at once.

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25. Dangerous Prisoner – (1) The Commissioner of Police shall inform in writing to the Jail
authorities that a prisoner is dangerous, prone to escape or otherwise require special
arrangement for safe custody. On receipt of such information the Superintendent shall keep
the prisoner in a specially secured ward and keep a strict vigilance.

(2.) If the Superintendent has sufficient reasons to believe that to be person is a dangerous
prisoner and it has not been so reported by the police, the Superintendent shall seek
confirmation from the local police about the same.

26. The Search of prisoners on admission – (1) Prisoners sentenced to rigorous

imprisonment and prisoners sentenced to simple imprisonment, if classed as habitual shall
have every article of private property, other than a comb for a Sikh Prisoner and a pair of
shoes for all, removed from them. The clothing of military prisoners shall be returned to the
escort.

Note 1: For Court attendance the convicts will wear ordinary clothes.

Note 2: Prisoners sentenced to simple imprisonment shall have all articles other than
a necessary supply of clothing removed from them.

Note 3: Under trial prisoners shall have articles removed from them other than
necessary and suitable articles of clothing and bedding, and if allowed to cook, the requisite
cooking utensils.

Note 4: Civil prisoners shall not be allowed to have or carry any weapons, articles
likely to facilitate escape, drugs, spirits and immoral books.

Note 5: Civil prisoners shall not be searched in the presence of any court prisoner.

Note 6: Female prisoners shall be searched by a female Warder.

27. Quarantine on admission to jail – Prisoners on first admission to jail shall at the
discretion of the Medical Officer, be kept in the quarantine Ward or cells for which period as
may, in his opinion, be necessary.

28. Prisoners to wash themselves and their clothing - As soon as possible after admission to
jail, all prisoners shall be required to wash themselves their clothing thoroughly. Such of the
private clothing of convicts as can, be boiled without damage shall be boiled before it is
stored.

29. Classes arced Serial numbers, to be quoted in communication – (1) Every convict shall
receive a serial number corresponding with the entry relating to him in the admission
register; ther series of numbers in each jail shall run from 1 to 10,000.

(2) Casual prisoner shall for brevity be known as ‘CAS’ class and habitual prisoner as
‘HAB’ Class.

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(3) The convicts numbers and the letter signifying his class shall precede his name
whenever he is referred to in any Official communications thus – “Convict No. 359 Cas: Ishar
Singh.”

(4) When any reference is made to the Inspector General concerning any prisoner, a
descriptive roll of the prisoner duly filled in, shall be sent with it.

30. State of education on admission – The state of every prisoner’s education shall be
ascertained on admission and the entries in the admission register shall be made as follows:

a. Able to read and write;

b. Able to read only; and
c. Illiterate.

31. How habituals are to be distinguished – Every prisoner of the habitual class and
escapee shall ordinarily be required to wear red clothing.

32. Abstract of rules to be read and hung up in a conspicuous place – An abstract of the
rules relating to the conduct and treatment of prisoners shall be read over to every prisoner
as soon as possible after his admission into jail, and proper means shall from time to time
thereafter be taken by the Superintendent to make every prisoner acquainted with the
purport of all such rules for time being in force.

33. Procedure on completion of entries in registers – On completion of the necessary

entries in the admission and release registers and of the procedure prescribed in this
chapter in so far as it may be applicable in each case, the Deputy Superintendent who shall
satisfy himself that the entries are correct and attest them in token there of.

II CLASSIFICATION OF PRISONERS

34. (1) Convicted persons shall be divided into two classes, namely B and C Class. B will
contain all prisoners who are:

(a) non-habitual prisoners of good character.

(b) by social status, education and habit of life have been accustomed to a superior
mode of living, and

(c) have not been convicted of-

i. Offences involving elements of cruelty, moral degradation or personal greed;

ii. Serious or premeditated violence;
iii. Serious offences against property;
iv. Offences relating to the possession of exfacie firearms and other dangerous
weapons with the object of committing an offence or of enabling an offence to be
committed;

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v. Abetment or incitement of offences falling within these sub-clauses.

(2) Class ‘C’ will consist of prisoners who are not classified in class B.

35. (1) In the case of Class B, the classifying authority will be Inspector General.

(2) petitions of review with regard to any classification will be forwarded by the
Superintendent of the Jail to the Inspector General of Prisons.

36. All courts recommending the classification of a prisoner within Class B will make a
recommendation to that effect, attaching to the record the recommendation, with their
reasons for it, on a separate paper.

37. In case convicting Courts omit to classify convicted prisoners for better class treatment,
the Superintendent of Jails may, subject to the approval of Inspector General, classify them
as B class prisoners provided that such prisoners appear to fulfil the condition prescribed for
better class prisoners.

38. Under Trial prisoners will be of two classes only, namely (1) those who by social status,
education or habit of life have been accustomed to a superior mode of living and (ii) other,
that is to say, one class will correspond to Class B of convicted prisoners, the other to Class
C. Before an under trial prisoner is brought before a competent Court, discretion is left to
the Officer in Charge of the Police Station. After he is brought before the Court, he will be
classified by the court, subject to the revisional orders of the Sessions Court.

(A) Rules for the Convicted Prisoners Admitted to Class ‘B’

39. (1) Accommodation – The Prisoners shall, where such accommodation is available be
accommodated in Cells or in association barracks specially set aside for them.

They need not be kept separate form ordinary prisoners in factories or at times
when they are not required to be in their cells or barracks.

(2) 1. Furniture, etc.

a) Cell shall be supplied with:-

One takht posh or bed-stead, charpoy or cot, of size 6-1/2x36 feet.
One wooden stool.
One wooden teapoy.
One shelf, Cupboard or box.
Necessary washing and sanitary appliances.
b) Associated barracks shall be supplied with:-
One bed stead or cot per prisoner.
One large table with benches.

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