Section 61: Offences

61. Offences (1) No officer shall— (a) without lawful authority, permit a prohibited article to be conveyed or supplied to a detainee, received or used by a detainee or brought into or taken out of an institution; (b) in respect of a transaction concerning supplies, receive any discount, gift or other consideration from any person selling or providing such supplies to an institution; (c) receive any fee, favour or gratuity from a detainee or a discharged person; (d) for or on behalf of a detainee, receive any fee, favour or gratuity from, or have any business dealing with, a visitor to an institution or a friend of any such visitor, or any other person; (e) give a certificate or testimonial to or in respect of a detainee as regards his conduct in an institution or otherwise; (f) discuss his duties or a matter of discipline or of institutional arrangements within the hearing of a detainee; (g) without the permission of the Commissioner, inform any person of any matter concerning an institution, a detainee or a discharged person; (h) without the permission of the Commissioner, communicate to the press any information derived from his office or from official source and connected with or related to the service; (i) knowingly harbour a detainee who has escaped from custody in or about his house or land or other premises owned or occupied by him; (j) directly or indirectly and by any means instigate, command, counsel, call for, cause, stir or bring about any mutiny, sedition or disobedience to any lawful command or duty; (k) directly or indirectly and by any means, seduce another officer from his allegiance or duty; or (l) give false evidence at any enquiry held under this Act. (2) No person shall— (a) convey or supply to a detainee in or outside an institution, or hide or place for the use of a detainee, a prohibited article; (b) by any means, bring into an institution or a place where a detainee is working, a prohibited article; (c) take out of or convey from an institution a prohibited article; (d) communicate with a detainee or cause or induce any other person to do so; [Issue 5] R10 – 26 Revised Laws of Mauritius (e) enter or remain in an institution or any place where a detainee is working or stationed for any purpose; (f) take a photograph of a detainee or of any other person in an institution; (g) take a photograph or film or make a sketch, plan or other representation of any object in or any internal layout of an institution; (h) purchase, obtain, keep in his possession, destroy or otherwise dispose of an article which has been supplied to an officer for use on duty or any property of an institution; (i) aid and abet an officer or other person in destroying or otherwise disposing of an article which has been supplied to an officer for use on duty or any property of an institution; or (j) aid an officer or detainee in the commission of an offence under this Act. (3) (a) No detainee shall escape from lawful custody. (b) No person shall counsel, induce or instigate a detainee to escape from lawful custody. (4) Every officer who has directly or indirectly any pecuniary interest in the purchase of an institution’s supplies shall declare such interest in writing and submit such declaration to the Commissioner. (5) Subject to section 62 (3), any person who contravenes this Act or any regulations made under it shall commit an offence and shall, on conviction, where no specific penalty is provided, be liable to a fine not exceeding 10,000 rup induce or instigate a detainee to escape from lawful custody. (4) Every officer who has directly or indirectly any pecuniary interest in the purchase of an institution’s supplies shall declare such interest in writing and submit such declaration to the Commissioner. (5) Subject to section 62 (3), any person who contravenes this Act or any regulations made under it shall commit an offence and shall, on conviction, where no specific penalty is provided, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding 2 years. [S. 61 amended by Act 5 of 1999.]