No: 2 Dated: Feb, 14 2002

Delhi Prisons Act , 2000

(Delhi Act No. 2 of 2002)

    Be it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Fifty First Year of the Republic of India as follows:

CHAPTER I

Preliminary

1. Title, extent and commencement. - (1) This Act may be called the Delhi Prisons Act, 2000.

(2) It extends to the whole of the National Capital Territory of Delhi.

(3) It shall come into force on such date as the Lieutenant Governor of the National Capital Territory of Delhi may, by notification in the Official Gazette, appoint.

2. Definitions. - (1) In this Act, unless the context otherwise requires:

(a) "civil prisoner" means any prisoner who is not a criminal prisoner;

(b) "competent authority" means any officer having jurisdiction and due legal authority to deal with a particular matter in question;

(c) "convicted criminal prisoner" means any criminal prisoner under sentence of a court or court martial, and includes a person detained in prison under the provisions of Chapter VII of the Code of Criminal Procedure, 1973 (2 of 1974);

(d) "criminal prisoner" means any prisoner duly committed to custody under the writ, warrant or order of any court or authority exercising criminal jurisdiction, or by order of a Court martial;

(e) "court" includes a corner and any officer lawfully exercising civil, criminal or revenue jurisdiction;

(f) "dangerous prisoner" means any prisoner who is violently pre-disposed or likely to escape;

(g) "Delhi" means the National Capital Territory of Delhi;

(h) "furlough" means leave as a reward granted to a convicted prisoner who has been sentenced to rigorous imprisonment for five years or more and has undergone three years thereof.

(i) "Government" means the Lieutenant Governor referred in Article 239AA of the Constitution;

(j) "History ticket" means the ticket exhibiting such information as is required in respect of each prisoner by this Act or the rules thereunder;

(k) "Inspector General" means the Inspector General of Prisons;

(l) "Lieutenant Governor" means the administrator of the National Capital Territory of Delhi appointed by the President under Article 239 of the Constitution;

(m) "Medical Officer" means a Gazetted Officer of the Government and includes a medical practitioner declared by general or special orders of the Government to be a medical officer;

(n) "medical subordinate" means a qualified medical assistant;

(o) "notification" means a notification published in the Official Gazette;

(p) "parole system" means the system of releasing prisoners from prison on parole by suspension of their sentences in accordance with the rules;

(q) "prescribed" means prescribed by rules;

(r) "prison" means any jail or place used permanently or temporarily under the general or special orders of the Government for the detention of prisoners, and includes all lands, buildings and appurtenances thereto but does not include:

(i) any price for the confinement of prisoners who are exclusively in the custody of police;

(ii) any place specially appointed by the Government under Section 417 of the Code of Criminal Procedure, 1973 (2 of 1974),

(iii) Any place which has been declared by the Government by general or special order to be a special prison;

(s) "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;

(t) "remission system" means the system of regulating the award of marks to, and the consequent shortening of sentences of prisoner in prison;

(u) "rule" means a rule for the time being in force, made under or in pursuance of this Act;

(v) "section" means a section of this Act;

(w) "security prisoner" means any prisoner against whom there is a threat from any person,

(x) "senior medical officer" means a medical officer senior to other medical officers posted in a prison;

(y) "sub-ordinate officer" means every non-gazetted officer serving in the prison;

(z) "Superintendent" means the officer who is appointed by the Government to be in charge of a prison with such designation as it may specify;

(aa) "young offender" means a person who has attained the age of sixteen years in case of a boy and eighteen years in case of a girl, but has not attained the age of twenty one years;

    (2) Words and expressions used herein and defined but defined in any other enactment applicable in Delhi shall have the meanings respectively assigned to them in those enactments.

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