• Arthur Road jail detention in Mumbai

Hello, we are having difficulties to find any answers to this questions:

1) Is it legally possible for somebody else than the consulate or his lawyer visit to visit the prisoner? 

2) Can we provide him with anything else than money for his minimum comfort?

3) Can the family directly contact the prisoner without going through an intermediate (lawyer, consulate..) by phone? Or can he call us?

Thank you very much for your help.
Asked 1 year ago in Criminal Law from France
Religion: Buddhist
1) Yes, the relatives or friends of the prisoners can be allowed to visit the prisoners on an application for purpose on specified time or day as per the schedule  which may be found displayed outside the prison notice board or can be had from prison  authorities.

2) Generally eatables of genuine and standard make are allowed to be given  to the concerned prisoners brought by the visitors but in a very small quantity and after thorough verification  of the item to be given too the prisoner.

3) Yes the family can contact the prisoner without the help of the lawyer or even may be allowed to speak through phone during emergency through the phone available in the office of the prison jailer. 

Section 40 of the Indian Prison Act 1894, the provisions of which are reproduced herein below may make you understand the  position of  law in this regard:
"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. "
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
1. Yes why not. The jail manual does permit the relatives of the undertrial or accused, as the case may be, to meet him after taking prior permission from the jail authorities.

2. The jail manual also permits the accused to have from outside food, clothes and blankets with the permission of jail authorities (which is mostly granted).

3. The jail manual in every state is different, but in most states the accused is allowed to speak to his family over the phone once a week or thereabout.
Ashish Davessar
Advocate, Jaipur
18063 Answers
446 Consultations
5.0 on 5.0
1. Yes it is legally possible for somebody else other than the consulate or his lawyer to visit the prisoner with the prior permission from the jail authorities.
2. Yes in a minimal quantity after investigation can be given to the prisoner. The rules for the same can be found in the state jail manual. the Jail manual contains the rules which are different for every other jail in a state hence you need to refer the jail manual of Arthur road in your case.
3. yes the family can contact the prisoner directly. The Prisoner can be reached through phone installed at the jailor office.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Dear Querist
My opinion on your queries are as under:

1) Is it legally possible for somebody else than the consulate or his lawyer visit to visit the prisoner? 
Opinion: Yes, it is possible with the permission of Jail Superintendent. 

2) Can we provide him with anything else than money for his minimum comfort?
Opinion: No, 

3) Can the family directly contact the prisoner without going through an intermediate (lawyer, consulate..) by phone? Or can he call us?
Opinion: Nobody can call the accused who is in jail but it may be possible that he can call after permission of the court or Jail superintendent.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0

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