Section 37
Section 37 of the Assam Prisons Act, 2013. No inmate shall be subjected to any measure of restraint to curtail substantially his limited liberty within the prison, or while in transit, except as provided in this Act or rules made thereunder.
(1) No inmate shall be subjected to any measure of restraint to curtail substantially his limited liberty within the prison, or while in transit, except as provided in this Act or rules made thereunder.
(2) Under exceptional circumstances where, with reference to the state of the prison or the character of any inmate or both, the Superintendent considers it necessary for the safe custody of such inmate, or for the safety of the inmate himself or of any other inmate, that such inmate should be subjected to physical restraint, he may, for reasons to be recorded in writing and subject to rules made under this Act in this behalf, -- A (a) confine the inmate in a cell or room apart from other inmates subject to the conditions that he shall not be secluded from communication with, F and sight of, other inmates, or, unless special circumstances exist, be debarred from having his meals in association of one or more other inmates; or (b) confine the inmate in chain fetters of such description as may be prescribed by rules made under this Act :
Provided that ---- (i) no inmate shall be confined in chain fetters under this sub-section unless prior permission of a Court having jurisdiction. is obtained for confining the inmate in chain fetters for reasons as aforesaid;
(i) no chain fetters shall be imposed on any female inmate, civil inmate or detenu; (ili) no kind of fetters other than chain fetters shall be imposed on any inmate under this sub-section;
(iv) both the measures of restraint mentioned at clauses (a) and (b) of this sub-section shall not be imposed on any inmate at the same time.
(3) The Superintendent shall review his order under sub-section (2) at intervals of not more than one month, and shall by order withdraw the measure of restraint whenever he is of opinion that this can be done with safety or on the recommendation of the Medical Officer at any time on the grounds that its continuance is injurious to the health of the inmate :
Provided that the continuance of any measure of restraint imposed under sub-section (2) for a period exceeding three months shall be subject to prior approval of the Inspector General.
(4) While escorting an inmate from one prison to another, or from a prison to court or hospital or any other place and back, no handcuff shall be imposed on him unless prior permission of a Court having jurisdiction is obtained for Imposing handcuffs on him while being escorted as aforesaid. Extramural custody and control of inmates .38. An inmate when being taken to or from any prison in which he may be lawfully detained, or when he is working outside or is otherwise beyond the limits of any such prison, in or under the lawful custody or control of an officer of such prison, shall be deemed to be in prison and shall be subject to all the same incidents as if he were actually in prison. Discharge of inmates
Section 37, The Assam Prisons Act, 2013 (Act 15 of 2013).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Questions about Section 37
How do I find court cases under Section 37 of the Assam Prisons Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Assam Prisons Act 2013 37, section 37 Assam Prisons Act 2013, section 37 of the Assam Prisons Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 37 of the Assam Prisons Act, and has it changed?
1 other provision in this corpus refers back to it.
When was the Assam Prisons Act enacted?
Assam Prisons Act was enacted in 2013 as Act 15 of 2013. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/47531d6b-87b6-43f9-80c8-d742032f99b7.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/02780982-df02-4858-a717-eb588b445073/content). This page is not a substitute for legal advice.