to be ensured by preventing unauthorized access or modification of any information and
requires that all such information must only be made available to those who require access
to such records as a professional responsibility 55. SMRs 756 and 8 57 specify the details
required to be entered in the prisoner file.
Corresponding to international standards, in national legislation, Section 44(1) of the PO sets
out the details of a prisoner that should be recorded.58 Accordingly, the SP may require
particulars of prisoners, such as photographs, fingerprints and distinctive marks to be
noted.59 Each prisoner would therefore have a personal file created in his or her name and
is granted a number. Sub-section 2 of the same section makes it an offence against prison
discipline if the prisoner fails to give or knowingly gives false answers. Use of the word ‘may’
in this provision denotes that it is not mandatory to photograph or obtain finger impressions
of the prisoners upon admission.60
Not obtaining photographs or not entering any distinguishing marks on the prisoner’s body
immediately upon admission could be detrimental in many ways because, if the prisoner
suffers physical violence at the hands of an officer or an inmate during his first night, there
would be no record to show that the prisoner entered the prison without any visible marks
of injury. Thus, the injuries inflicted overnight may be falsely attributed to the police or
another external party. Such photographs or visual marks noted upon admission of a
prisoner are also used for the purpose of identification of a prisoner in case of an escape.
Further, the requirement to maintain the confidentiality of such photographs, finger-print,
foot-print or records is enshrined in Section 44 (3) of the PO,61 which provides that no
photograph, finger-print, foot-print or record that is taken or kept shall be supplied or sent
save to persons specified. Section 156 (2) of the SRs reaffirms it.
The Commission observed that the RC Branch of each prison maintains the records and files
of all prisoners admitted to prison. It was observed that the Prison Form 8, which contains
particulars of the prisoners admitted, is maintained for each and every prisoner and kept in
individual prisoner files. Where family contact details are concerned, a prison officer at WCP
stated that prisoners may provide this information but many are not inclined to give phone
numbers and may only divulge the address. This is cause for concern because, as stated in
the SMRs, the prison must notify the family member designated by the prisoner when he or
she suffers an injury or illness and is transferred to a health institution or dies in custody62,
a task that is made difficult when prisoners do not provide complete family contact details.
55
SMR 2015, r 9.
ibid r 7.
57
ibid r 8.
58
PO No.16 of 1877, s 44(1), ‘Photographs, measurements, finger-prints and foot-prints of any criminal prisoner;
and the name, age, height, weight, distinctive marks, and any other prescribed measurements and particulars, of
any prisoner.’
59
SRs 1956, s 156(2) reaffirms this provision.
60
PO No.16 of 1877, s 44(2).
61
ibid s 44(3).
62
SMR 2015, r 69, ‘In the event of a prisoner’s death, the prison director shall at once inform the prisoner’s next of
kin or emergency contact. Individuals designated by a prisoner to receive his or her health information shall be
56
57