THE KARNATAKA PRISONS (AMENDMENT) ACT, 2022
KARNATAKA ACT NO. 21 OF 2022
(First Published in the Karnataka Gazette Extra-ordinary on the 5th day of April, 2022)
(Received the assent of the Governor on the 4th day of April, 2022)
An Act further to amend the Karnataka Prisons Act, 1963.
Whereas it is expedient further to amend the Karnataka Prisons Act, 1963 (Karnataka Act 33 of 1963), for the purpose hereinafter appearing:
Be it enacted by the Karnataka State Legislature in the Seventy Third year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka Prisons (Amendment) Act, 2022.
(2) It shall come into force at once.
2. Amendment of section 42.- In section 42 of the Karnataka Prisons Act, 1963 (Karnataka Act 33 of 1963) (here in after referred to as the Principal Act),-
(i) after the words “any prohibited article”, the words “mobile or any instrument of communication” shall be inserted.
(ii) for the words "not exceeding six months, or with fine not exceeding two hundred rupees, or with both" the words "not less than three years but which may extend to five years and fine" shall be substituted.
3. Amendment of section 57.- In section 57 of the Principal Act, after sub-section (1) the following shall be inserted, namely:-
“Provided that, notwithstanding anything contained in any other law for time being in force, if the prisoner who fails to surrender on expiration of the parole, shall be deemed to be a proclaimed offender. Further, the bonds executed by the prisoner and the surety of him, shall be liable to be forfeited to the state and forfeited bond amount shall be recovered as arrears of land revenue”.
4. Amendment of section 58.- For section 58 of the Principal Act, the following shall be substituted, namely:-
“58. Penalty for failure to surrender.- Any prisoner who fails to surrender himself as required by sub-section (1) of section 57 shall on conviction, be punished with imprisonment for a term of not less than three years but which may extend to five years and with fine. The person who stood surety to the prisoner, who failed to surrender himself, as required by sub section (1) of section 57 shall on conviction, be punished with imprisonment for a term of not less than six months but which may extend to one year and with fine.”
5. Insertion of Section 58A.- After section 58 of the Principal Act,the following shall be inserted, namely:-
“58A. Offences to be Cognizable.- (1)The Offences punishable under section 42 and 58 shall be cognizable.
(2) The punishment awarded under this Act shall operate on completion of the sufferance of the sentences or punishment awarded in any other cases in which is convicted”.
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