Use of mobile by prisoners now a criminal offence

Ramkrishan Upadhyay

Tribune news service

Chandigarh, January 27

The use of cellphones or its accessories by prisoners has now become a criminal offence in Chandigarh as the Union Ministry of Home Affairs (MHA) has extended the Prisons (Punjab Amendment) Act, 2011, to the UT.

Sources said that a notification in this regard has been issued by the Centre under Section 87 of the Punjab Reorganisation Act, 1966. With this notification, any prisoner found guilty of possessing, operating, or using a cellphone or component parts such as SIM card, memory card, battery or charger shall be punished with imprisonment for a term not exceeding one year or with fine not exceeding Rs 25,000 or both.

Further, if the mobile phone is used for committing an offence inside or outside the jail’s premises by a prisoner, the imprisonment shall not be less than a year, which may extend to three years or with fine not exceeding Rs 40,000 or both.The prisoner or any other person who assists or abets or instigates the supply of mobile phone, SIM cards or other accessories will also be punished under the Act

Section 52A has been added to the (Central) Prisons Act,1894, which is applicable across the country, including Chandigarh. In case of nonpayment of fine, the imprisonment may be further extended up to a year. It has been provided that offence shall be cognizable and triable by the court of Magistrate First Class. Commenting upon this, Hemant Kumar, an advocate of the Punjab and Haryana High Court, said the amendment was initially passed by the Punjab Legislative Assembly in 2011 after which, it was sent to the President of India for his assent. Hemant Kumar said instead of Punjab, the Administration should have adopted the Haryana Act that is more stringent. He said in Haryana, the minimum imprisonment is two years and maximum three years. He said the UT had earlier adopted the anti-snatching Act of the Haryana.