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PRISONERS ACT

Ministry of Law and Justice

Act nº 3 of 1900


  • Part I
  • Part II
  • Part III
  • Part IV
  • Part V
  • Part VI
  • Part VII
  • Part VIII
  • Part IX
  • Schedules
  • Act nº 3 of 1900

Preamble

THE PRISONERS ACT, 1900 1

[Act, No. 3 of 1900]

[2nd February, 1900]

PREAMBLE

An Act to consolidate the law relating to Prisoners confined by order of a Court.

whereas it is expedient to consolidate the law relating to prisoners confined by order of a Court; it is hereby enacted as follows:--

1. The Act has been amended in its application to-

(1) C.P. and Berar by the C.P. and Berar Prisoner's (Amendment) Act, 1939, (C.P. and Berar Act 4 of 1939.

(2) Bihar by Bihar Act 23 of 1956.

(3) Madras by Madras Act 11 of 1958.

(4) Bombay by Bombay Act 15 of 1959 (when notified).

(6) N.E.P.A. by Reg. 3 of 1960, section. 3 and Sch.

The Act has been extended to-

(1) Whole of Madhya Pradesh by M.P. Act 23 of 1958 (when notified).

(2) Goa, Daman and Diu by Reg. 11 of 1963, section. 3 and Sch.

(3) Dadra and nagar Haveli by Reg. 6 of 1968, section. 2 and Sch. 1 w.e.f. 1-7-1965.

(4) Lakshadweep by Reg. 8 of 1965, section. 3 and Sch. w.e.f. 1-10-1987.

(5) Pondicherry by Act 26 of 1968, section. 3 and Sch.

The Act has been repealed in Rajasthan by Rajasthan Act 39 of 1960.

Part IX rep. in its application to Bellary District by Mysore Act 14 of 1955.


Part I

Section 1. Short title and extent

(1) This Act may be called the Prisoners Act, 1900.

1 [(2) It extends to the whole of India except 2 [the territories which, immediately before the 1st November, 1956, were comprised in] Part BStates.] 3 [***]4 [***]

1. Substituted by the A.O. 1950, for sub-section (2).

2. Substituted by the Adaptation of Laws (No. 2) Order, 1956, for "Part BStates".

3. The word "and" rep. by Act 10 of 1914, section. 3 and Sch. II.

4. Sub-section (3) rep. by Act 10 of 1914, section. 3 and Sch. II.


Section 2. Definitions

In this Act, unless there is anything repugnant in the subject or context,--

(a) "Court" includes a Coroner and any officer lawfully exercising civil, criminal or revenue jurisdiction; and

(b) "prison" includes any place which has been declared by the1[State Government], by general or special order, to be a subsidiary jail;

2[(c) "States" means the territories to which this Act extends.]

1. Substituted by the A.O. 1950, for "Provincial Government".

2. Substituted by the Adaptation of Laws (No. 2) Order, 1956, for clause (c) which had been Inserted by the A.O. 1950.


Part II

Section 3. Officers in charge of prisons to detain persons duly committed to their custody

The officer in charge of a prison shall receive and detain all persons duly committed to his custody, under this Act or otherwise, by any Court, according to the exigency of any writ, warrant or order by which such person has been committed, or until such person is discharged or removed in due course of law.

Section 4. Officers in charge of prisons to return writs, etc., after execution or discharge

The officer in charge of a prison shall for the with, after the execution of every such writ, order or warrant as aforesaid other than a warrant of commitment for trial, or after the discharge of the person committed thereby, return such writ, order or warrant to the Court by which the same was issued or made, together with a certificate, endorsed thereon and signed by him, showing how the same has been executed, or why the person committed thereby has been discharged from custody before the execution thereof.

Part III

Section 5. Warrants etc., to be directed to Police officers

Every writ or warrant for the arrest of any person issued by the High Court in the exercise of its ordinary, extraordinary or other criminal jurisdiction shall be directed to and executed by a Police officer within the local limitsof such jurisdiction.

Section 6. Power for 1[State] Governments to appoint Superintendents of Presidency prisons

6.Power for 1 [State] Governments to appoint Superintendents of presidency prisons

The 2 [State Government] may appoint officers who shall have authority to receive and detain prisoners committed to their custody under this part.

Explanation.--Any officer so appointed, by whatever designation he may be styled, is hereinafter referred to as "the Superintendent".

1. Substituted by the A.O. 1950, for "Provincial Government".

2. Substituted by the A.O. 1950, for "Provincial Government"


Section 7. Delivery of persons sentenced to imprisonment or death by High Court

Where any person is sentenced by the High Court in the exercise of its original criminal jurisdiction to imprisonment or to death, the Court shall cause him to be delivered to the Superintendent together with its warrant, and such warrant shall be executed by the Superintendent and returned by him to the High Court when executed.

Section 8. Delivery of persons sentenced to transportation by High Court

Where any person is sentenced by the High Court in the exercise of its original criminal jurisdiction to transportation 1 [***] the Court shall cause him to be delivered for intermediate custody to the Superintendent, and the transportation 1 [***] of such person shall be deemed to commence from such delivery.

1. The words "or penal servitude" omitted by Act 17 of 1949, section. 4 w.e.f. 6-4-1949.


Section 9. Delivery of persons committed by High Court in execution of a decree or for contempt

Where any person is committed by the High Court, whether in execution of decree or for contempt of Court or for any other cause, the Court shall cause him to be delivered to the Suprintendent, together with its warrant of commitment.

Section 10. Delivery of persons sentenced by Presidency Magistrates

Where any person is sentenced by a Presidency Magistrate to imprisonment, or is committed to prison for failure to find security to keep the peace or to be of good behaviour, the Magistrate shall cause him to be delivered to the Superintendent, together with his warrant.

Section 11. Delivery of persons committed for trial by High Court

Everyperson committed by a Magistrate, 1 [or Justice of the Peace], for trialby the High Court in the exercise of its original criminaljurisdiction shall be delivered to the Superintendent, together with a warrantof commitment, directing the Superintendent to produce such person before the Courtfor trial; and the Superintendent shall, as soon as practicable, cause suchperson to be taken before the Court as a criminal session thereof, together withthe warrant of commitment, in order that he may be dealt withaccording to law.

1.Substituted by Act 4 of 1908, sec.13, for "Justice of the Peace or Coroner".