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PART B -- WARRANTS FOR EXECUTION
1. ***[Omitted].
2. ***[Omitted].
3. Signature by means of a stamp not permissible.-- (i) The Code of Criminal Procedure enacts that every warrant should be signed by the Magistrate with his own hand, and the practice of affixing a signature by means of a stamp is strictly prohibited and should never be resorted to. An officer in charge of a jail would be 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.
(ii) Warrants should be signed, sealed and in the prescribed form.-- Warrants of commitments should be in the form prescribed by Schedule V to the Code of Criminal Procedure and should be signed in full (not initialled) by the Judge or Magistrate who issues it, and should be sealed with the seal of the Court.
(iii) Separate warrants for each person.-- 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. A separate warrant should be issued in respect of each person committed to jail.
(iv) Superintendent of Jail should not refuse to admit a prisoner owing to defect in the warrant.-- Except in cases falling under clause (i) of this rule the Superintendent of a Jail should not refuse to admit a person where the above instructions have not been carried out, but he should draw the immediate attention of the Magistrate concerned to the defect, and ask for its rectification at once, sending at the same time a copy of his letter to the Magistrate of the district for his information.
(v) Leper convicts to be sent to Mianwali Jail.-- Persons sentenced to imprisonment, who are found to be suffering from leprosy in an aggravated form, should in future be sent to the Mianwali Jail, where a special ward has been constructed for such persons. ***[...]
(vi) Class of prisoner when other than C to be noted in the warrant.-- When a Court places a prisoner in a class other than C, it should make an endorsement to this effect on the warrant of commitment.
**
[Note: `Commitment' used in this rule has nothing to do with `commitment proceedings'.]
4. Warrants for release or remission of sentence.-- Warrants for the release or remission of sentences of prisoners confined in jail, warrants for the release of prisoners on bail, and intimations of payment of fine sent to jail authorities should always be drawn up in Urdu or in English, and should be signed in full by such officer and sealed with the seal of his Court.
On receipt of a warrant for the release of a prisoner it should be forwarded without delay by registered cover to the jail in which the prisoner is confined, if it is necessary to send it through the agency of the post.
5. ***[Omitted].
*
[6. Rules about classification and treatment of convicted and under trial prisoners.- The following rules have been made under section 59 of the Prisons Act, 1894, in Chapter 9 of the Pakistan Prisons Rules 1978, to regulate the classification and treatment of convicted, under-trial and other prisoners:-
Chapter 9
"The classification and separation of prisoners.
Classes of Prisoners
Rule 224
A prisoner confined in prison may be -
(i) a criminal prisoner; which includes:
(a) a convicted prisoner; and
(b) an un-convicted under trial prisoner;
(ii) a civil prisoner; or
(iii) a state prisoner detained under Regulation III of 1818, or a person ordered to be detained in prison without trial under any law relating to the detention of such person.
Note: Lunatics may also be temporarily detained in prisons under the order of the Magistrate.
Classification of convicted prisoners
Rule 225
(i) Convicted prisoners shall be classified into -
(a) superior class;
(b) ordinary class; and
(c) political class;
(ii) Superior class includes A and B class prisoners. Ordinary class comprises of prisoners other than superior class.
Political class comprises of prisoners who commit crimes not for personal gain but for political motives. This class is not criminal and does not require reformative or correctional treatment.
Casuals and habitual
Rule 226
Convicted prisoners are classified into casual and habitual.
(i) Casuals are first offenders and who lapse into crime not because of a criminal mentality but on account of their surroundings, physical disability or mental deficiency.
(ii) Habitual are:-
(a) ordinary habitual prisoners; and
(b) professionals or repeaters.
Ordinary habitual prisoners are those who frequently lapse into their surroundings or some physical or mental defects.
Professionals or repeaters are men with an object, sound in mind and in body, competent, often highly skilled, who deliberately and with open eyes prefer a life of crime and know all the tricks and manoeuvres necessary for that life. They must be first offenders.
Classification of convicted prisoners according to age
Rule 227
Convicted prisoners are further classified as under:-
(a) Juveniles under the age of 18.
(b) Adolescent over 18 to 21 years of age.
(c) Adults over the age of 21.
Nature of sentence
Rule 228
There shall be two classes of convicted prisoners according to the nature of their sentence, i.e.:-
(a) those undergoing rigorous imprisonment; and
(b) those undergoing simple imprisonment.
Classification of under-trial prisoners
Rule 229
Under trial prisoners shall be classified as under:-
(a) Committed to Sessions.
(b) Committed to other Courts.
Classification of women prisoners
Rule 230
Women prisoners will be classified in the same manner as is provided in the case of males.
Separation of Prisoners
Rule 231
Prisoners shall be kept separate as under.
(i) In a prison containing men as well as women prisoners, the women shall be imprisoned in a separate prison, or separate part of the same prison in such manner as to prevent their seeing, conversing or holding any communication with the male prisoners.
(ii) Under trial prisoners shall be kept separate from criminal prisoners.
(iii) Under trial prisoners shall be kept separate from convicted prisoners.
(iv) Civil prisoners shall be kept separate from criminal prisoners.
(v) Political prisoners shall be kept separate from all other prisoners.
Further provisions regarding separation
Rule 232
Separation of the following prisoners shall, to the extent to which it can in each prison be observed, be carried into effect:
(i) Under trial prisoners who have been committed to Sessions, shall be kept separate from under trial prisoners who have not been so committed and those who have been previously convicted shall be kept separate from those who have not been previously convicted.
(ii) Casual convicted prisoners shall be kept separate from habitual convicted prisoners.
(iii) Simple imprisonment prisoners shall be kept separate from the rigorous imprisonment prisoners.
(iv) Convicted prisoners who are under 16 years of age shall be kept separate from convicted prisoners who are more than 16 years of age.
(v) Every habitual criminal shall, as far as possible be confined in a special prison in which only habitual criminals are kept. The Inspector-General may, however sanction the transfer to such special prison of any prisoner not being a habitual prisoner whom for reasons to be recorded, the Superintendent of the prison believes to be of so vicious and depraved a character; as to make his association with other casual prisoners undesirable. Prisoners so transferred shall not otherwise be subjected to the special rules affecting the habitual criminals.
(vi) Political prisoners may be kept separate from each other, if deemed necessary.
Exception to the rule regarding separation.
Rule 233
When in any prison only one prisoner exists in any class and separation would amount to solitary confinement, such prisoner, if he so desires, be permitted to associate with prisoners of another class in such a manner so as not to infringe the provisions of section 27 of the Prisons Act.
Association and Segregation of Prisoners
Rule 234
Subject to the provisions of rule 231, convicted prisoners may be confined either in association or individually in cells or partly in one way and partly in the other.
Segregation of under-trial prisoners
Rule 235
Under trial prisoners may be confined separately in cells, when in the opinion of the Superintendent, it is necessary in the interest of the prison discipline to do so, or under the orders of the Inspector-General, or of Government.
Occupation of vacant cells
Rule 236
Cells not in use for purposes of punishment or otherwise, shall be occupied by the convicted prisoners for the purpose of separation subject to the following conditions:-
(a) Juveniles shall in preference to any other class of prisoners be confined in cells both by day and night.
(b) Prisoners convicted under section 366(A) 376 and 377 of the Pakistan Penal Code, shall in preference to prisoners other than placed in cells both by day and night.
(c) Habitual prisoners shall be placed in cells both by day and night in preference to casual prisoners.
Separation of habitual prisoners
Rule 237
Habitual prisoners shall be subjected to the system of separation prescribed in the proceeding rules in relation thereto.
Separation of casuals
Rule 238
If at any time there are more cells in any prison than suffice for the separation of all habitual prisoners of the casual class shall be confined in cells by night only in rotation.
Procedure when separation by day is not feasible
Rule 239-A
Convicted prisoner who would ordinarily come under the operation of any of the preceding rules relating to the separation of prisoners, but cannot be confined in a cell by day, by reason that he is required for some prison service shall be confined in a cell by night.
Explanation- Separation under rules 235 to 239, is restricted merely to the separation of individual prisoners for purpose of prison management; such separation is not to have any irksome conditions attached to it.
Separation of prisoners to prevent the commission of any offence
Rule 240
If in the opinion of the Superintendent, the presence of any prisoner in association with others is detrimental to good order and discipline, and is likely to encourage or lead to the commission of any offence, such prisoner may be kept separate in a cell.
Separation to be as complete as possible
Rule 241
Subject to the provisions of rule 233, the separation of the various classes of prisoners shall be carried out to the fullest extent as far as possible. If there are not a sufficient number of latrines, bathing rooms and feeding arrangements to keep the classes completely apart such arrangement for separation as are under the circumstance practicable shall be made .
Rule for the classification of prisoners into A,B and C Class
Rule 242
(i) Convicted shall be divided into three classes; A, B and C class. A Class will contain all prisoners who are -
(a) casual prisoners of good character;
(b) by social status, education and habit of life have been accustomed to the superior mode of living and,
(c) have not been convicted of offence involving elements of cruelty, moral degradation, personal greed, serious or premeditated violence, serious offence against property, offences relating to the possession of explosives; firearms and other dangerous weapons with object of committing or enabling an offence to be committed and abetment or incitement of offences falling within these sub-clauses.
(ii) Class "B" will consist of prisoners who by social status, education or habit of life have been accustomed to superior mode of living. Habitual prisoners can be included in this class by order of the Government.
(iii) Class "C" will consist of prisoners who are not classified as A and B.
Classifying authority
Rule 243
For A and B classes the classifying authority will be the Government. Courts may classify prisoners into A and B class pending final order of the Government. Class "C" will be classified by the trying Court, but such prisoners will have a right to apply for revision to the Government. Petitions of revision will be forwarded by the Superintendent to the Inspector General for transmission to Government.
Superintendent may award B class to convicted prisoners.
Rule 244
In case convicting Courts omit to classify convicted prisoner for better class treatment, Superintendents of prisons subject to the approval of Government, may classify them as B class prisoners, provided that such prisoners appear to fulfil the conditions prescribed for better class treatment.
Qualifications for A and B class
Rule 245
The recommending authority shall invariably furnish to Government the following details when recommending a prisoner to A or B class.
(a) Whether the prisoner is casual or habitual.
(b) Previous convictions if any.
(c) Offence and sentence.
(d) Social and financial status of family.
(e) Profession of the prisoner.
(f) Income of the Prisoner, if any.
(g) Academic qualifications of the prisoner.
If the statement of the prisoner on these points requires verification, further enquiries should be made from the District Magistrate or any other source. The recommending authority may either defer making any recommendations until it has received the information asked for or may make the recommendations on the materials available and state that the result of further enquiries will be submitted when received.
Disagreement between the convicting Court and the District Magistrate
Rule 246
In case in which there is disagreement between the convicting Court and the District Magistrate, as to the classification of any prisoner, the District Magistrate shall decide the class in which a convicted prisoner shall be kept pending final orders of the Government.
Condemned prisoners governed by these rules
Rule 247
The above rules shall also apply to the prisoners under sentence of death.
Classification of under-trial prisoners
Rule 248
(i) There shall be only two classes of under-trial prisoners -
(a) better class; and
(b) ordinary class.
(ii) Better class will include those under-trial prisoners who by social status, education or habit of life, have been accustomed to a superior mode of living and will correspond to A and B class of convicted prisoners. Ordinary class will include all others and will correspond to C class.
(iii) Those under trial prisoners who pass matriculation or higher examination in 1st division during their class jail shall be allowed better class jail facilities with effect from the date the result is announced.
(iv) Before an under trial prisoner is brought before a competent Court it will be at the discretion of the Officer Incharge of the Police Station to properly classify him. After he is brought before the Court, he will be classified by that Court, subject to the approval of the District Magistrate.
Classification of political prisoners
Rule 249
Classification of political prisoners will be determined by the authority ordering their detention in prison.]
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