Karnataka: Amended law ensures 3-5 years of imprisonment for prisoners using cell-phones

On Monday, law and parliamentary affairs minister JC Madhuswamy said there was rampant usage of mobile phones and other gadgets and several instances of convicts going out on parole and not returning to jail. “In order to curb these violations, we are bringing the modifications,” he said.

Under section 42 of the Act, a prisoner can be sentenced for usage of ‘any prohibited article’ not exceeding six months or with fine not exceeding Rs 200 or with both. In the new bill, the government has inserted the words ‘mobile or any instrument of communication’ where the punishment is not less than 3 years but which may extend to five years and fine.

Under section 57, for a prisoner who is out on parole and fails to surrender himself, it allowed any police officer to attend without a warrant and be produced before a judicial magistrate to undergo an unexpired portion of the sentence. However, the modified Act says, “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.”

Under section 58 of the Act, a prisoner who failed to surrender himself was sentenced for a term which may extend to two years or with fine or with both. The new version of the bill says the person who fails to surrender may be punished with imprisonment for a term of not less than 3 years but which extend to 5 years and with fine.

The person who stood surety to the prisoner may be punished with imprisonment for a term of not less than six months but which may extend to one year and with fine.

In January, a video of an alleged history sheeter getting special treatment in Bengaluru Central Prisons had surfaced on social media. The Karnataka government had ordered a probe headed by additional director general of police (ADGP) (communication, logistics and modernisation) S Murugan to look into the alleged irregularities and corruption.

The Central Prison at Parappana Agrahara had earlier also made headlines after IPS officer D Roopa had alleged that AIADMK leader VK Sasikala was given special facilities inside it. She had also alleged that the then DGP Prisons (now retired) HN Sathyanarayana Rao had allegedly taken bribes to give preferential treatment to Sasikala while she was in jail after being convicted in a disproportionate assets case.