Phool Kumari Vs. Office of the Superintendent Central Jail Tihar New Delhi
|
Head Note
Indian Penal Code,1860 - Section 53
Delhi Prisons (Transfer of Prisoners, Labour and Jail Industry, Food, Clothings and Sanitation) Rules, 1988, Rule 43 - Delhi Prisons Act, 2000 - Section 36 - Rigorous imprisonment (R.I.) and simple imprisonment (S.I.) - Meaning of - Rigorous imprisonment is one which is required by law to be completed with hard labour - A person sentenced to simple imprisonment cannot be required to work unless he volunteers himself to do the work - But the Jail officer who requires a prisoner sentenced to rigorous imprisonment to do hard labour would be doing so as enjoined by law and mandated by the Court - While a person sentenced to simple imprisonment has the option of choosing to work, a person sentenced to rigorous imprisonment is required by law to undergo hard labour - The undertrials are not required to work in Jail - Meaning of Hard Labour, Medium Labour and Light Labour given.
B. Delhi Prisons (Transfer of Prisoners, Labour and Jail Industry, Food, Clothings and Sanitation) Rules, 1988 - Rule 45 - Distinction between work given to male and female convicts - Female convicts shall not, in any case, exceed two third of the maximum task for hard labour and medium labour, respectively, prescribed in respect of adult male convicts.
C. Delhi Prisons Act, 2000 - Section 35 - Sub-section (1) states that a criminal prisoner desiring to be employed on labour, may be employed with the permission of the Superintendent, subject to such restrictions as may be prescribed in the rules made under this Act - Sub-section (2) states that no criminal prisoner sentenced to labour or employed on labour at this own desire shall, except on an emergency, with the sanction in writing of the Superintendent be kept to labour for more than 8 hours in a day.
Topic(s)-
Important Decision(s)-
- Rigorous imprisonment is one which is required by law to be completed with hard labour - Simple imprisonment cannot be required to work unless he volunteers himself to do the work.
- Jail officer who requires a prisoner sentenced to rigorous imprisonment to do hard labour would be doing so as enjoined by law and mandated by the Court.
- The undertrials are not required to work in Jail.
- No criminal prisoner sentenced to labour or employed on labour at this own desire shall, except on an emergency, with the sanction in writing of the Superintendent be kept to labour for more than 8 hours in a day.