Section 48: Award of punishments under sections 46 and 47

(1) The Superintendent shall have power to award any of the punishments enumerated in the two last foregoing sections, subject, in the case of separate confinement for a period exceeding one month, to the previous confirmation of the Inspector General.

(2) No officer subordinate to the Superintendent shall have power to award any punishment whatever.

State amendments to this section

Orissa.—

Insertion of new section 48-A (Act 9 of 1894).—After section 48 of the said Act, the following new section shall be inserted, namely:—

48-A. Punishment for breach of conditions of suspension of sentence.—If any prisoner fails without sufficient cause to observe any of the conditions on which his sentence was suspended or remitted or furlough was granted to him, he shall be deemed to have committed a prison offence and the Superintendent may after obtaining his explanation, punish such offence by—

(1) a formal warning as provided in clause (1) of section 46; or

(2) Reduction in grade if such prisoner has been appointed as an officer of prison; or

(3) Loss of privileges admissible under the remission or furlough system; or

(4) Loss of such other privileges as the State Government may, by a general or special order direct.

[Vide the Orissa Act 29 of 1958. s. 5].

Maharashtra.—

After section 48 of the said Act, the following section shall be inserted, namely:—Insertion of section 48A in act IX of 1894.—

"48A. Punishment for breach of conditions of suspension of sentence, etc.—If any prisoner fails without sufficient cause to observe any of the conditions on which his sentence was suspended or remitted or furlough was granted to him, he shall be deemed to have committed a prison offence and the superintendent may, after obtaining his explanation, punish such offence by—

(1) a formal warning as provided in clause (1) of section 46;

(2) reduction in grade if such prisoner has been appointed or furlough system; or

(3) loss of privileges admissible under the remission or furlough system; or

(4) loss of such other privileges as the state Government may by a general or special order direct."

[Vide Bombay Act XXVII of 1953, s. 5]

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 48

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