No: 37 Dated: May, 17 2013

Prisons Act, 1894

THE PRISON (PUNJAB AMENDMENT) ACT,2013

(Punjab Act No. 37 of 2013)

    An Act further to amend the Prisons Act, 1894, in its application to the State of Punjab.

    BE it enacted by the Legislature of the State of Punjab in the Sixty-fourth Year of the Republic of India, as follows:-

1. Short title and commencement:- (1) This Act may be called the Prisons (Punjab Amendment) Act, 2013.

(2) Ii shall come into force at once.

2. Amendment in section 3 of Central Act 9 of 1894:- In the Prisens Aet, 1894 (hereinafter referred to as the principal Act), in its application to the State of Punjab, in section 3,-

(i) in clause (Se word "and" shall be omitted; and

(ii) in clause (9). for the sign ".", the word and sign "; and" shall be substituted and after elause (9), the following clause shall be added, namely:-

"(10) "wireless communication device" includes mobile phone, wi-fi for personal computer and tablet PC, computer, laptop, palmtop and their use for communication like verbal, non-verbal, internet, General Packet Radio Service (GPRS), e-mail, Short Message Service (SMS), Multimedia Message Service (MMS) or any such device, which is available for similar purpose.".

3. Insertion of New section 52-A of Central Act 9 of 1894:- In the principal Act, after section 52, the following section shall be inserted, namely:

"52-A Prohibition of possession of wireless communication device:- (1) Notwithstanding anything contained in this Act, if any prisoner is found guilty of possessing, operating or using a wireless communication device or its components like sim card, memory card, battery or charger or any other component of such a device or if the prisoner or any other person assists or abets or instigates in the supply thereof, he shall be punished with the punishment for a term not exceeding one year or with fine not exceeding rupees twenty-five thousand or with both

(2) If the prisoner is found using the wireless communication device for attempting, abetting, conspiring or committing an offence inside or outside the jail premises and as a consequence thereof an offence is committed, he shall be punished with imprisonment provided in the Indian Penal Code, 1860 (Central Act 45 of 1860) for the offence so committed.

(3) The prisoner shall undergo the sentence awarded under subsection (1) or under sub-section (2) after the completion of the sentence already undergoing.".

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