40. Visits to civil and unconvicted criminal prisoners.—Due provision shall
be made for the admission, at proper times and under proper restrictions, into every
prison of persons with whom civil or unconvicted criminal prisoners may desire to
communicate, care being taken that so far as may be consistent with the interests of
justice, prisoners under trial may see their duly qualified legal advisers without the
presence of any other person.
COMMENT
Liberal visits by family members, close friend to be respected.- Visit to
prisoners by family and friend are a solace in insulation; and only a dehumanized
system can drive vicarious delight in depriving prison inmates of this humane
amenity. The whole habilitative purpose of sentencing is to soften, not to harden, and
this will be prompted by more such meeting. [Sunil Batra v. Administration, 1980 Cri
Lj 1099 at 1115 (SC) : AIR 1980 SC 1579 : (1980) 2 SCR 557 : (1980) 4 SCC 488].
41. Search of visitors.—(1) The Jailor may demand the name and address of
any visitor to prisoner, and, when the Jailor has any ground for suspicion, may search
any visitor, or cause him to be searched, but the search shall not be made in the
presence of any prisoner or of another visitor.
(2) In case of any such visitor refusing to permit himself to be searched, the
Jailor may deny him admission; and the grounds of such proceeding, with the
particulars thereof, shall be entered in such record as the State Government may
direct.