Section 373 of the DSO requires the SP to ensure that all prisoners are sent out of prison
‘decently and adequately clad’. It is the responsibility of the prison to provide clothing, under
Section 108(2) of the SRs to a prisoner upon release, particularly to prisoners whose clothes
have been disposed.94 The clothes provided on release are specified under Schedule IV of the
SRs. In practice, clothes are provided to convicted prisoners who have a sentence of three
years or more upon their release. The clothes provided to the prisoners are commonly
referred to as “liberty kit” by the prison officers.
The provision of an allowance to the inmate upon discharge from prison is provided for in
the prison legislation. For instance, a railway warrant or bus fare may be provided by the SP
since Section 47(4) of the PO95 grants him the discretionary power to so provide. Section
171(1) of the SRs provide that if the journey from the prison to the place of residence of the
prisoner is entirely by road, the prisoner will be provided with one day’s batta for the first
ten miles and an additional day’s batta96 for each additional fifteen miles97. Section 171(2)
provides that if railway facilities are available for any part of the journey the prisoner shall
be given a railway warrant for a third-class ticket98 from the station nearest to the prison to
the station nearest to his home. It is required that he be paid a batta if the journey by train is
more than six hours duration. Remandees acquitted or discharged are also entitled to a
railway warrant.99
In the case of prisoners who are domiciled in foreign countries, according to Section 174(2)
of the SRs, if the SP considers a special allowance is necessary for the prisoner to reach his
home, the SP reports the full circumstances of the case to the Commissioner of Prisons for
necessary action. Section 377 of the DSO reinforces this provision.100
In practice, every prison provides a railway warrant or bus fare to a released prisoner.
Generally, inmates are picked up by relatives or may reside in the same area in which the
prison is situated, an example being CRP whose inhabitants, according to the SP, are largely
from Colombo. Prisoners domiciled in foreign countries are reportedly sent to the Foreign
Nationals Holding Centre in Mirihana, run by the Department of Immigration and
Emigration, by order of the court that sentenced the inmate to prison, since the Detention
Centre will not accept an inmate without a court order. As mentioned by the Commissioner
of Prisons (Administration/Intelligence and Security), the SP will usually inform the Court
upon discharge because often the prisoner’s visa would have expired at the time of release.
Following this, the Court will issue an order to send the prisoner to the aforementioned
94
SRs 1956, s 108 (2).
PO No. 16 of 1877, s 47(4), ‘[to provide the prisoner] with a railway warrant or with such amount of money
necessary, or with both such warrant and such money, to enable [the inmate] to return home.’
96
‘Batta’ is a travel allowance.
97
SRs 1956, s 171 (1).
98
An exception to this section is that the Superintendent may issue a warrant for a second-class ticket to any
convicted prisoner “to whose status in life prior to conviction a second-class ticket is more appropriate”.
99
SRs 1956, s 171 (2).
100
DSO 1956, s 377, “the travelling expenses of prisoners on discharge to their native places out of the Island may
be paid, with the Commissioner’s prior approval, up to a maximum of Rs. 25.”
95
68