Punishment of such offences
Section 46 of the Prisons Act, 1894 deals with punishment of such offences. 146. Punishment of such offences.--The Superintendent may examine any person to touching any such offence, and determine thereupon, and punish such offence by-- (1) a formal warning : Explanation.--A formal warning shall mean a warning personally addressed to a prisoner by the Superintendent and rec The Act came into force on 07 Jan 1894.
146. Punishment of such offences.--The Superintendent may examine any person to touching any such offence, and determine thereupon, and punish such offence by--
(1) a formal warning :
Explanation.--A formal warning shall mean a warning personally addressed to a prisoner by the Superintendent and recorded in the punishment-book and on the prisoner's history-ticket ;
(2) change of labour to some more irksome or severe form 2[for such period as may be prescribed by rules made by the 3[State Government]] ;
(3) hard labour for a period not exceeding seven days in the case of convicted criminal prisoners not sentenced to rigorous imprisonment ;
(4) such loss of privileges admissible under the remission system for the time being in force as may be prescribed by rules made by the 3[State Government ];
(5) the substitution of gunny or other coarse fabric for clothing of other material, not being woollen, for a period which shall not exceed three months ;
(6) imposition of handcuffs of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by the 3[State Government] ;
(7) imposition of fetters of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by the 3[State Government] ;
(8) separate confinement for any period not exceeding 4[three] months ;
Explanation.--Separate confinement means such confinement with or without labour as secludes a prisoner from communication with, but not from sight of, other prisoners, and allows him not less than one hour's exercise per diem and to have his meals in association with one or more other prisoners ;
(9) penal diet,--that is, restriction of diet in such manner and subject to such conditions regarding labour as may be prescribed by the State Government :
Provided that such restriction of diet shall in no case be applied to a prisoner for more than ninety-six consecutive hours, and shall not be repeated except for a fresh offence nor until after an interval of one week ;
(10) cellular confinement for any period not exceeding fourteen days :
Provided that after each period of cellular confinement an interval of not less duration than such period must elapse before the prisoner is again sentenced to cellular or solitary confinement.
Explanation.--Cellular confinement means such confinement with or without labour as entirely secludes a prisoner from communication with, but not from sight of, other prisoners ;
5* * * * *
6[(11)] penal diet as defined in clause (9) combined with 7[cellular] confinement 8***;
6[(12)] whipping, provided that the number of stripes shall not exceed thirty :
Provided that nothing in this section shall render any female or civil prisoner liable to the imposition of any form of handcuffs or fetters, or to whipping.
STATE AMENDMENT
Assam.
Amendment of section 46 of Act 9 of 1894.--(1) In Section 46 of the Principal Act, clause (12) and the words "or to whipping" appearing in the proviso to the said section shall be omitted and a full stop shall be substituted for the comma appearing after the word "fetter" in the said proviso.
(2) In section 46 of the Principal Act, add the following clauses after clause (11), namely: --
" (12) forfeiture of class, grade, or prison privileges for a period not exceeding three months;
(13) permanent or temporary reduction from a higher to a lower class or grade".
[Vide Assam Act 12 of 1956, s. 2.]
Orissa.
Amendment of section 46 (Act 9 of 1894).--In section 46 of the said Act--
(i) in clause (4) for the words the remission system the words the remission or furlough system shall be substituted;
(ii) clause (5) shall be omitted.
[Vide the Orissa Act 29 of 1958, s. 3].
Orissa.
Amendment of section 46 (Act 9 of 1894).--In section 46 of the Prisons Act, 1894 (9 of 1894), after clause (4) the following new clause shall be inserted, namely:--
(4-a) temporary forfeiture of class, grade or prison-privileges or temporary or permanent reduction from a higher to a lower class or grade.
[Vide the Orissa Act 23 of 1956, s. 2]
Maharashtra.--
Amendment of section 46 of Act IX of 1894.--In section 46 of the said Act, in clause (4), for the words "the remission system" the words "the remission or furlough system" shall be substituted".
[Vide Bombay Act XXVII of 1953, s. 3].
Section 46, The Prisons Act, 1894 (Act 9 of 1894).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Jasbir Singh @ Jassa vs State of Punjab
Court's Decision & Legal Precedent
Inordinate delay in execution of death sentence, though a significant factor, cannot by itself be the sole ground for commutation of death sentence. The delay must be considered along with the nature and gravity of the crime. Time spent in judicial proceedings and review petitions at the instance of the convict should not be counted as delay. Only undue and long delay in disposing of mercy petitions or delay at the instance of the executive is material. In the present case, there is no such inordinate delay, and the heinous nature of the crime (cold-blooded murder of a 16-year-old child for ransom) precludes commutation of death sentence to life imprisonment.
On this section: Power of Superintendent to punish prison offences - includes separate confinement and cellular confinement
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… prisoner shall be granted leave under sub-section (1), unless,-- (a) he has at the time of grant of leave served one-half of his sentence including remission, or a period of not less than two years of his sentence, including remission, whichever is less; (b) he has not been punished for a prison offence under Section 46 of the Prisons Act, 1894 (IX of 1894) during twelve months preceding the date of commencement of the leave applied for. (5) The period of leave of a prisoner under sub-section (1) shall count towards the total period of his sentence (6) The authority directing the grant of leave to any prisoner under …
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… possession of a cell phone/SIM card inside the jail premises, should, in order to be disentitled to temporary release on parole or furlough, be convicted by a Court for the corresponding offence under sections 42/42A of the Prisons Act as applicable to Haryana or even if only punished by the prison authorities under section 46 of the Prisons Act?" 14. In sequel, he further contends, that since in the judgment made by the Full Bench of this Court in Kulwant @ Monu 's case (supra), the thereunder issue for consideration, relates to an issue alike the one, as is existing in the instant case, and, as relates to whether the mere detection …
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… Rule 25 of the Punishments Rules reads as under : "25. Acts constituting both prison offence and offence under Indian Penal Code, how to be dealt with :- Where an act of a prisoner constitutes an offence under section 46 of the Prisons Act, 1894 and also an offence under the Indian Penal Code, the Superintendent may, in his discretion, use his powers under section <sup>46</sup> of the Prisons Act, <sup>1894</sup> and award the punishment or forward the prisoner to a Court of the Magistrate of the First Class having jurisdiction, for …
Questions about Section 46
What have the courts held on Section 46 of the Prisons Act?
Jasbir Singh @ Jassa vs State of Punjab (26 Jul 2019) is the leading judgment on this section among those set out below: Power of Superintendent to punish prison offences - includes separate confinement and cellular confinement.
How do I find court cases under Section 46 of the 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: Prisons Act 1894 46, section 46 Prisons Act 1894, section 46 of the Prisons Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Jasbir Singh @ Jassa vs State of Punjab (26 Jul 2019).
What should I read with Section 46 of the Prisons Act, and has it changed?
3 other provisions in this corpus refer back to it.
When did Section 46 of the Prisons Act come into force?
Section 46 of the Prisons Act, cited as Prisons Act 1894 46, came into force on 07 Jan 1894, having been enacted on 22 Mar 1894. It is in force as at the date shown on this page.
Other sections of this Act
- 59. Power to make rules665 words
- 3. Definitions538 words
- 48. Award of punishments under sections 46 and 47353 words
- 47. Plurality of punishments under section 46332 words
- 45. Prison-offences224 words
- 6. Officers of prisons213 words
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. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.