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PRISONERS ACT, 1900
3 OF 1900
"The object of this Bill is merely to consolidate the several Acts relating to prisoners confined by order of a Court 'which are now to be found in different parts of the Statute-book, and so to replace a number of separate enactments by a single Act, expressed more simply and intelligibly...."-Gazette of India, 1899, Pt. V, page 101. "We have adopted the suggestion of the Government of Bombay that sections 1 and 20 of the Prisoners Act 1871 (V of 1871 ), should he entirely repealed-and that all cases in which persons sentenced in Native Stutes are to be imprisoned in British India should he dealt with under section 16 of the Act. as reproduced in clause 15 of the Bill. We agree with the Local Government that, owing to the amendments made in S. 16 of the Act of 1871 by the Prisoners Act (1871) Amendment Act, 1894 (VII of 1894), Section 18 of the former Act has been in great measure superseded, and we think that, if power is conferred on the Local Government, as well as the Governor-General in Council, to sanction under section 16 (clause 15 of the Bill), the reception of persons sentenced by the Courts of Native States in British Indian Jails, and if provision is made for the reception in such jails of persons sentenced by such Courts without obtaining a special sanction in each case when at least one Judge of the Court is a British officer the law will be simplified without being materially altered. We have therefore omitted clauses 18 and 19 of the Bill as introduced, and recast the second part of sub-clause (1) of clause 15 so as to give effect to our proposals. These changes have necessitated certain consequential changes in sub-clause (3) of clause 20 of the Bill as introduced (now sub-clause (3) ol clause 18). We have on suggestion of the Government of Bengal, supplied what appears to us to be an obvious omission in the existing law by expanding the provisions of clause 39 of the Bill as introduced (now clause 37) so as to enable a Criminal Court inferior to that of a First Class Magistrate, to require, through the medium of the District Magistrate the attendance of prisoners to give evidence or answer charges before it. The same Local Government has pointed out that sub-clause (2) of clause 41 of the Bill as introduced (now clause 39) does not properly provide for the case of a prisoner confined within a Presidency-town whose removal for the purpose of giving evidence elsewhere is required. We have accordingly enlarged the sub-clause by providing that in such cases the orders for removal shall be sent to the Commissioner of Police. Mr. Justice Knox of the Allahabad High Court has noticed that the Bill appears to be defective in that it makes no provision whereby a Criminal Court can require attendance of a prisoner confined in a prison situate beyond the local limits of the jurisdiction of the High Court to which such criminal Court is subordinate for the purpose of answering a charge of an offence in that Court. Clause 39 of the Bill as introduced (now clause 37) is limited to cases in which the prisoner so charged is confined in someplace within the limits of the jurisdiction of the High Court to which the Criminal Court is subordinate, while clause 42 only provides for the case of prisoners required to give evidence. To cure this defect we have inserted words in the latter clause (now clause 40) which will make it cover prisoners charged with offences. It has been suggested that it would be desirable to make it clear now the custody of prisoners sent to a Court either to give evidence or to!answer a charge is lobe provided for pending their return to their original prison. We have therefore added a power to make rules on this point to sub-clause (l)(a) of clause 53 ofthe Bill as introduced (now clause 51)." * * * * *-Gazette of India, 1900, Pt., V, page 23.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 erfacted as follows :- [a] For S.O.R..see Gazette of India. 1899, Pt. V, p. 101', for Report of the Select Comittee. see Gazette of India, 1900, Pt., V, page 23, 1900, p. 23: for Proceedings in Council, see Gazette of India, 1900, Pt., V, page 23, 1899, Pt. VI, pp. 102 and 242: Gazette of India, 1900, Pt., V, page 23, 1900. p. 2]l. The Act has been declared to be in force in the Khondmals District [by the Khondmals Laws Regulation, 1936 (4 of 1936), Section 3 and Schedule and in the Anjgul District by the Angul Laws Regulation, 1936 (5 of 1936), Section 3 and Schedule, Regulation 5 of 1936 has now been repealed by OrissaAct 19 of 1967. Angul is now a sub-divisioiji ofDhenkanal district of that State. This Act has been extended to the new provinces and merged States by S.3 OF THE Merged States (Laws) Act, 1949 (1-1-1950) and to the States of Manipur. Tripura and Vindhya Pradesh by S.3 OF THE Union Territories (laws) Act, 1950 (16-4-1950). Manipur and Tripura are fullfledged States now (see Act 81 of 1971); Vindhya Pradesh is a district in Madhya Pradesh State-see Act 37 of 1956, Section 9. This Act has been applied to the state merged in the State of Bombay (now split up into the States ofMaharashtraandGujarat)byBorn.Act4of 1950 and the old Madhya Pradesh by Madh. Pra Actl2ofl950. This Act, as was in force in the pre-reorganised State of Bombay (excluding the transferred territories), is extended to the Hyderabad and Saurashtra areas of the State of Bombay by "Born. Act 15 of 1959, Section 2 and part Vl-A inserted by C. P. and BerarAct 4 of 1939 is repealed in its application to the Vidarbha region of the State by Born. Act 23 of 1959, Section 5(ii) (1- 6-1959). The Act as was in force in Mahakoshal region has been extended to all the other regions of the State of Madhya PraJesh by M. P. Act 23 of 1955, Section 3( I ). The Act, as extends to the State of Madras, is extended to the merged States of Pudukottai. BanganapalleadSandurbyMadrasAct35of 1949, Section 3 (with effect from 1-1-1950); and to the Kanyakumari district and the Shencottah taluk of the Tirunelveli district by Madras Act 22 of 1957, Section 3 (18-12-1957). This Act as amended from time to time and in force in Punjab is extended to the territories which were comprised in the State of Pepsu by Punj.Act 5 of 1957, Section 4(1) (3-4-1957). This Act is extended to the North-East Frontier Agency by Rcgn. 3 of 1960. Section 3 (1-11-1960). In its application to the state of Rajasthan this Act has been repealed by the Rajasthan Prisoners Act, 1960(Raj.39ofl960).Section 14(7-11-1960).lthasnowbeen.repealcdinMysoreState PrisonersAct,1964(Mys.25ofl964),Sectionl2. ," It has now been extended to the Union territories of- . ( 1) Goa, Daman and Diu by Regn. II of 1963 (1-12-1964); (2) Dadra and Nagar Haveliby Regn. 6 of 1963 (1-7-1965): (3) Laccadivc, Minicoy and Amindivi Islands by Regn. 8 of 1965 (1-10-1967); (4) Pondicherry by Act 25 of 1968 ( 1 -3-1969). Subject to alterations, adaptations and exceptions, the Act has been applied to Borstal Schools in Kerala and Tamil Nadu by Ker. Act 31 of l961, Section 4 and T.N. Act 21 of 1961, Section 4 d T.N. Act 5 of 1926, Section 5, respectively.
PART 1 : PRELIMINARY
SECTION 1 : Short title and extent
Andhra Pradesh: In sub-section (2) of Section I, after the expression "except the territories which immediately before I st November 1956 were comprised in Part B States" add the expression "other than the territories specified in sub-section ( 1 ) of Section 3 of the States Reorganisation Act, 1956."-Andh. Pra. Act 23 of 1958. Section 3 (with effect from 1-2-1960). Madhya Pradesh: In sub-section (2) of Section I alter "Part B States" add the words "other than the Madhya Bharat and Sironj regions of the State of Madhya Pradesh."-M. P. Act 23 of 1958. Section 3 and Schedule. Maharashtra: In its application to the Slate of Bombay in sub-section (2) of Section 1. after the words and letter "comprised in Part B States" add the words "other than the Hyderabad and Saurashtra areas of the State of Bombay."- Bom. Act 15 of 1959, Section 4 and Maha. A.L.O. (Am.), 1961. Tamil Nadu: In its application to the added territories in the Slate of Madras omit the amendment made in sub-section (2) by Andh. Pra. Act 23 of 1958-Mad. (Added Territories) A.L.O., 1961 (with retrospective effect from 1-4-1960).
(1) This Act may be called The Prisoners Act, 1900;
3 (a) [a] Substituted for sub-section (2) by A.L.O., 1950 (26-l-1950): [(2) It extends to the whole of India except 3 (b) [b] Substituted lor the words -Part B States' by 2 A.L.O., 1956 (1-11-1956). [the territories which, immediately before the 1st November, 1956. were comprised in Part B States.]] 3 (c) [c] The word 'and' and sub-section (3) were repealed by the Repealing and Amending. Act, 1914 (10 of 1914). Section 3 and Schedule II [*]
3 (c) [c] The word 'and' and sub-section (3) were repealed by the Repealing and Amending. Act, 1914 (10 of 1914). Section 3 and Schedule II [(3) * * * * * * *]
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 the 3 (a) [a] Substituted for sub-section (2) by A.L.O., 1950 (26-l-1950): [State Government], by general or special order, to be a subsidiary jail.
3 (b) [b] Substituted lor the words -Part B States' by 2 A.L.O., 1956 (1-11-1956). [(c) "States" means the territories to which this Act extends.]
PART 2 : GENERAL
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 forthwith, 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 3 : PRISONERS IN THE PRESIDENCY-TOWNS
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 limits of such jurisdiction. Maharashtra: In its application to the State of Maharashtra- (a) in the heading to Part III, for the words "the Presidency-towns", substitute the words "Greater Bombay"; (b) in section 5- (i) after the words "criminal jurisdiction" insert the words "or by the Court of Session for Greater Bombay"; (ii) after the words "such jurisdiction" add the words "or within the limits of Greater Bombay, as the case may be".- Bom. Acts 7 of 1949, Sections 2 and 3 (11-4-1949) read with 15 of 1959, Sections 2 and 3 and Maha. A.L.O. (Am.), 1961. Tamil Nadu: In its application to the whole of the State of Tamil Nadu, Section 5 shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered add the following sub-section, namely :- "(2) Every warrant for the arrest of any person issued by a Court of Session shall be directed to, and executed by a police officer within the local limits of its jurisdiction."-Madras Act I I of 1958, Section 2 (4-9-1958).
SECTION 6 : Power for a[State] Governments to appoint Superintendents of Presidency prisons.
The a[ 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."
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. Maharashtra: In its application to the State of Maharashtra, in Section 7,- (a) tor the words "criminal jurisdiction", substitute the words "or appellate tribunal jurisdiction or by the Court of Session for Greater Bombay": (b) tor "the Court", substitute the words "the High Court or the Sessions Court, us the case may be."; (c) tor the words "returned by him to the High Court when executed", substitute the words "when executed returned by him to the High Court or the Sessions Court as the case may be,"; (d) in the marginal note. after the words "High Court", add the words "or Sessions Court".- Bom. Acts 7 of 1949, Section 4 (11-4-1949) read with \:5 of 1959. Sections 2 and 3. Maha. A.L.O. (Am.), 1961. Tamil Nadu: In its application to the State of Tamil Nadu. for Section 7, substitute the following section, namely :- "7. Delivery of persons sentenced to imprisonment or death by High Court or Court of Session.- Where any person is sentenced by the High Court or by a Court of Session to imprisonment for life or to imprisoninent or to death, the Court shall cause him to be delivered to the Superintendent, together with its warrant, and such warrant shall beexecuted by the Superintendent, and returned by him to the High Court or Court of Session, as the case may be. when executed."- Mad. Act 11 of 1958, Section 3 (4-6-1958).
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 3 (a) [a] The words "or penal servitude" were omitted by the Criminal Law (Removal of Racial Discrimination) Act, 1949 (17 of 1949). Section 4 (6-4-1949). [* *] the Court shall cause him to be delivered for intermediate custody to the Superintendent, and the transportation 3 (a) [a] The words "or penal servitude" were omitted by the Criminal Law (Removal of Racial Discrimination) Act, 1949 (17 of 1949). Section 4 (6-4-1949). [* *] of such person shall be deemed to commence from such delivery.. Maharashtra; In its application to the State of Maharashtra. in Section 8,- (a) for the words "criminal jurisdiction", substitute the words "or appellate criminal jurisdiction or by the Court of Session for Greater Bombay"; (b) for "the Court" substitute the words "the High Court or the Sessions Court, as the case may be,"; (c) in the marginal note, after the words "High Court", add the words "or the Sessions Court".-Bom. Acts 7 of 1949. Section 5 (11-4-1949) read with 15 of 1959, Sections 2 and 3 Maha. A.L. (Am.) 0., 1961. Tamil Nadu: In its application to the State of Madras, omit Section 8-Mad. Act 11 of 1958, Section 4 (4-6-1958)
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 a decree or for contempt of Court or for any other cause, the Court shall cause him to be delivered to the Superintendent, together with its warrant of commitment. Maharashtra: In its application to the State of Maharashtra, in section 9,- (a) after the words "High Court", insert the words "the Bombay City Civil Court or the Court of Session for Greater Bombay"; (b) for the words "the Court", substitute the words "the High Court, the City Court or the Sessions Court, as the case may be": (c) in the marginal note, after the words "High Court", insert the words "City Court or Sessions Court."- Bom. Acts 7 of 1949, Section 6 (1-4-1949) read with 15 of 1959. Section 2 and.3: Maha.A.L. (Am.) 0., 1961.
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. Andhra Pradesh; In its application to the State of Andhra Pradesh in territories added to Andhra Pradesh by Act 56 of 1959, in Section 10 as substituted by Mad. Act XI of 1958, omit the words "by a Presidency Magistrate", "the Magistrate or" and his or".-:Andh. Pra. A.L.O., 1961 (with retrospective effect from 1-4-1960). Tamil Nadu: In its application to the State of Tamil Nadu, for Section 10. substitute the following section, namely :- "10. Delivery of persons sentenced by Presidency Magistrate or by any Court constituted under lawful authority.- Where any person is sentenced by a Presidency Magistrate or by any court constituted under lawful authority to imprisonment, or is committed to prison for failure to find security to keep the peace or to be of good behaviour, the Magisrate or the Court shall cause him to be delivered to the Superitendent, together with his or its warrant."-Madras Act 11 of 1958. Section 5 (4-6-1958).
SECTION 11 : Delivery of persons committed for trial by High Court
Every person committed by a Magistrate, 3 (a) [a] Substituted for the words "Justice of the Peace or Coroner" by the Coroners (Amendment) Act, 1908 (4 of 1908), S. 11. [or Justice of the Peace] for trial by the High Court in the exercise of its original criminal jurisdiction shall be delivered to the Superintendent, together with a warrant of commitment, directing the Superintendent to produce such person before the Court for trial; and the Superintendent shall, as soon as practicable cause such person to be taken before the Court at a criminal session thereof together with the warrant of commitment, in order that he may be dealt with according to law. Maharashtra: In its application to the State of Maharashtra, in section 11- (a) after the words "criminal jurisdiction" insert the words "or by the Court of Session for Greater Bombay": (b) for the words "the Court" substitute, at both the places where they occur, the words, "the High Court or the Sessions Court, as the case may be": (c) in the marginal note, after the words "High Court" add the words "or Sessions Court".-Bom. Acts 7 of 1949, S 7 (11-4-1949) read with 15 of l959. Ss..2 and 3; Maha. A.L.(Am.) O. 1961. Tamil Nadu: In its application to the State of Madras, for Section 11 substitute the following Section, namely,- "11. Delivery of persons committed for trial by a Court of Session.-Every person committed by a Magistrate or Justice of the Peace for trial by a Court of Session, shall be delivered to the Superintendent, together with a warrant of commitment, directing the Superintendent to produce such person before the Court for trial and the Superintendent shall, as soon as practicable, cause such person to be taken before the Court-whenever required together with the warrant of commitment in order that he may be dealt with according to law."-Madras Act XI of 1958, S. 6 (4-6-1958).
SECTION 12 : Custody pending hearing by High Court under Section 350 of the Code of Civil Procedure of application for insolvency
The High Court may, pending the hearing, under (S.350 of the Code of Civil Procedure, 1908) , of any application for a declaration of insolvency, cause of judgment-debtor concerned to be delivered to the Superintendent, subject to the provisions as to release on security of (S.349 of the Code Of Criminal Procedure, 1898) of the said Code', and the Superintendent shall detain the said judgment-debtor in safe custody until he is redelivered to an officer of the High Court for the purpose of being taken before it in pursuance of its order, or until he is released in due course of law.
SECTION 13 : Delivery of persons arrested in pursuance of warrant of High Court or Civil Courtin Presidency-town
STATE AMENDMENTS Maharashtra: In its application to the State of Maharashtra, in Section 13- (a) in sub-section ( 1 ) lor the words "a Presidency-town" substitute the words "Greater Bombay"; (b) in the marginal note to the said section, for the words "Presidency-town" substitute the words "Greater Bombay".- Bom. Acts 7 of 1949, S. 8 (11-4-1949) read with 15 of 1959, Ss.2and3andMaha.A.L. (Am.) 0. 1961.
( 1 ) Every person arrested in pursuance of a writ, warrant or order of the High Court in the exercise of its original civil jurisdiction, or in pursuance of a warrant of any civil Court established in a Presidency-town under any law or enactment for the time being in force, or in pursuance of a warrant issued under (Section 5) , shall be brought without delay before the Court by which, or by a Judge of which the writ warrat or order was issued, awarded or made, or before a Judge thereof, if the said Court or a Judge thereof, is then sitting for the exercise of original jurisdiction.
(2) If the said Court, or a Judge thereof, is not then sitting for the exercise of original jurisdiction, such person arrested as aforesaid shall, unless a Judge of the said Court otherwise directs, be delivered to the Superintendent for intermediate custody, and shall be brought before the said Court, or a Judge thereof, at the next sitting of the said Court, or of a Judge thereof, for the exercise of original jurisdiction in order that such person may be dealt with according to law; and the said Court or Judge shall have power to make or award shall necessary orders or warrants for that purpose.
PART 4 : PRISONERS OUTSIDE THE PRESIDENCY-TOWNS
SECTION 14 : References in this Part to prisons etc., to be construed as referring also to Reformatory Schools
In this Part all references to prisons or to imprisonment or confinement shall be construed as referring also to Reformatory Schools or to detention therein. STAE AMENDMENT Maharashtra; In its application to the State of Maharashtra, in the heading to Part IV lor the words "the Presidency-towns" substitute the words "Greater Bombay".- Bom. Acts 7 of 1949, S. 9(11-4-1949) read with 15 of 1959, Ss. 2 and 3.
SECTION 15 : Power for officers in charge of prisons to give effect to sentences of certain courts
3 (a) [a] Substituted by A.L.O., 1950 (26-1-1950). [ STATE AMENDMENT Maharashtra: In its application to the ..tale of Maharashtra in S. 15 in sub-section (1) for the words "the Presidency-towns" substitute the words "Greater Bombay".- Bom. Acts 7 of 1949, S. 10(11-4-1949) read with 15 of 1959, Ss. 2 and 3 Maha. A.L. (Am.) 0.1961.
( 1 ) Officers in charge of prisons outside the Presidency-towns may give effect to any sentence or order or warrant tor the detention of any person passed or issued.
(a) by any Court or tribunal acting, whether within or without the States under the general or special authority of the Central Government, or of any State Government, or of the Government of Burma, or by any Court or tribunal, which was before the commencement 3 (b) [b] That is, 26th January, 1950.
of the Constitution acting udner the general or special authority of his Majesty, or of the Crown Representative; or
(b) before the 26th January, 1950, by any Court or tribunal in any Indian State-
(i) if the presiding Judge, or if the Court or tribunal consisted of two or more Judges, at least one of the Judges, was an officer of the Crown authorised to sit as such Judge by the State or the Ruler thereof or by the Central Government or the Crown Representative: and
(ii) if the reception, detention or imprisonment in any Province of India of persons sentenced by any such Court or tribunal had been authorised by general or special order by the State Government ; "[*]3 (c) [c] The word 'or' and Cl. (c) were omitted by 2 A.L.O., 1956(1-11-1956)
[(C) * *****] Provided that effect shall not be given to any sentence or order or warrant for detention passed or issued by any Court or tribunal in Burma without the previous sanction of the State Government concerned.
(2) Where a Court or tribunal of such an Indian State as aforesaid had passed a sentence which could not have been executed without the concurrence of an officer of the Crown, and such sentence had been considered on the merits and confirmed by any such officer specially authorised in that behalf, such sentence, and any order or warrant issued in pursuance thereof shall be deemed to be the sentence, order or warrant of a Court or tribunal acting under the authority of the Central Government or the Crown Representative.]
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