[Act No. 3 of
1900]1
An
Act to consolidate the law relating to Prisoners confined by order
of a Court.
Whereas it is to expedient to consolidate the law relating
to prisoners confined by order of a Court;
It is hereby enacted as follows:
-
PART I : PRELIMINARY
1. Short title and
extent
(1) This Act may be called the Prisoners Act,
1900.
2[(2) It extends to the whole of India except the
territories which, immediately before the 1st. November, 1956, was
comprised in Part B States.]
3[***]
2.
Definition
In this Act, unless there is anything repugnant in the
subject or context,-
(a) "Court" includes a Coroner
and officer lawfully exercising civil, criminal or revenue
jurisdiction; and
(b) "prison" include any place which has been declared by
the 4[State Government], by general or special order, to be a
subsidiary jail;
5[(c) "State" means a part A State or a Part C State, and
"State" means all the territories for the time being compromised
within Part A State and Part C State.
PART II : GENERAL
3. Officer in charge of
prisons to detain persons duly committed to their
custody
The officer incharge 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.
4. Officers in charge of
prisons to return writs, etc., after execution of
discharge
The officer in charge of a prison shall forthwith, after the
execution of very such writ, under or warrant as aforesaid other
than a warrant of commitment for the 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
charged has been executed, or why the person committed thereby has
been discharged from custody before the execution
thereof.
PART III : PRISONERS IN THE PRESIDENCY-TOWNS
5. Warrant, etc., to be
discharged 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.
6. Power for State
Government to appoint Superintendents of presidency
prisons
The 4[State Government] may appoint officers who shall have
authority to receive and detain prisons committed to there custody
under this Part.
Explanation.- Any officer so appointed, by whatever
designation he may be styled, is hereinafter referred to as "the
Superintendent".
7. Delivery of persons
sentenced to imprisonment or death by High Court
Where any person is
sentenced by 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.
8. Delivery of persons
sentenced to transportation or penal servitude by High
Court
Where any person is sentenced by High Court in the exercise
of its original criminal jurisdiction to transportation 6[***] the
Court shall cause him to be delivered for intermediate custody to
the Superintendent, and the transportation 6[***] of such person
shall be deemed to commence from such delivery.
9. Delivery of persons
committed by High Court in execution of a decree or for
contempt
Where any persons is committed by the High Court, whether in
execution of a decree or for contempt of Court or for other cause,
the Court shall cause him to be delivered to the Superintendent,
together with its warrant of commitment.
10. Delivery of persons
sentenced by Presidency Magistrate
Where any person is sentenced by
a Presidency Magistrate to imprisonment, or the committed to prison
for failure to find security to keep the peace or to be good
behaviour, the Magistrate shall cause him to delivered to the
Superintendent, together with his
warrant.
11. Delivery of persons
committed for trial by High Court
Every person committed by a
Magistrate, 7[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 betaken before the Court at a
criminal session thereof, together with the warrant of commitment,
in order that he may be dealt according to law.
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 8section 350 of the code of Civil Procedure of any
application for a declaration for a insolvency, cause the
judgement-debtor concerned to be delivered to the Superintendent,
subject of the provisions as to release on security of 8section 349
of the said Code, and the superintendent shall detain the said
judgement debtor in safe custody until he is re-delivered 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 sue course of
law.
13. Delivery of persons
arrested in pursuance of warrant of High Court or Civil Court in
presidency-town
(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 under section 5,
shall be brought without delay before the Court by which, or by a
Judge of which, the writ, warrant or order was issued, awarded or
made, or before a judge thereof, if the said Court, or of a Judge
thereof, is sitting for the exercise of original
jurisdiction.
(2) If the said Court, or a judge thereof, is not then
sitting for the exercise of the original jurisdiction, such person
arrested as aforesaid shall, unless a Judge of the said Court
otherwise directs, be delivered to the Superintendent for the
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 all necessary order or
warrants for that purpose.
PART IV : PRISONERS OUTSIDE THE PRESIDENCY-TOWNS
14. Reference in this
part to prisons, etc., to be construed as referring also to
Reformatory School
In this Part all references to
prisons or to imprisonment or confinement shall be construed as
referring also to Reformatory School or detention
therein.
9[15. Power for officers
in charge of prisons to give effect to sentences or certain
Courts
(1) Officers in charge of prisons outside the
Presidency-town may give effect to any sentence or order or warrant
for the detention of any person passed or issued-
(a) by any Court or
tribunal acting, whether within the States under the general or
special authority of the Central Government, or of the Government of
Burma, or by any Court or tribunal, which was before the
commencement of the constitution acting under 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 person sentenced by any
such Court or tribunal had been authorised by general or special
order by the State Government; or
(c) by any other Court or
tribunal in a Part B with the previous sanction of the State
Government in the case of each such sentence, order or
warrant:
Provided that effect shall not be given to any sentence
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 has passed a sentence which could
not have been executed without the occurrence 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 nay order or warrant issued in pursuance thereof,
shall be deemed to be sentence, order or warrant of a Court or
tribunal acting under the authority of the Central Government or the
Crown Representative.]
Comment: To give effect to the sentence means that it is illegal to exceed it and so it follows that a prison official who goes beyond mere imprisonment or deprivation of locomotion and assaults or otherwise compels the doing of things not covered by the sentence acts in violation of Art. 19. Punishments of rigorous imprisonment oblige the inmates to do hard labour, not harsh labour and so a vindictive officer victimising a prisoner by forcing on him particularly harsh and degrading jobs, violatives the law's mandate. For example, a prisoner, if forced to carry night soil, may seek a habeas writ. 'Hard labour' in S.53 has to receive a humane meaning. A girl student or a male weakling sentenced to rigorous imprisonment may not be forced to break stones for nine hours a day. The prisoner cannot demand soft jobs but may reasonably be assigned congenial jobs. Sense and sympathy are not enemies of penal asylums. Sunil Batra, Petitioner v. Delhi Administration, AIR 1980 SUPREME COURT 1579
16. Warrant of officer
of such Court to be sufficient authority
A warrant under the official
signature of an officer of such Court or tribunal as is referred to
in section 15 shall be sufficient authority for holding any person
in confinement, or for sending any person for transportation, in
pursuance of the sentence passed upon him.
17. Procedure where
officer in charge of person doubts the legality of warrant sent to
him for execution under this Part
(1) Where an officer in charge of
person doubts the legality of warrant or order sent to him for
execution under this Part or the competency of the person whose
official seal or signature is affixed thereto to pass the sentence
and issue the warrant or order, he shall refer the matter to the
4[State Government] by whose order on the case he and all other
public offence shall be guided as to the future disposal of the
prisoner.
(2) Pending a reference made under sub-section (1), the
prisoner shall be detained in such manner and with such restrictions
or mitigation as may be specified in the warrant or
order.
18. Execution in the
State of certain capital sentences not ordinarily executed
there
(1)
Where a 10[court established by the authority of the Central
Government] executing, in or with respect to territory beyond the
limit of 11[the states] jurisdiction which the 12[Central
Government] has in such territory,-
(a) has sentenced any person to
death, and,
(b) being of opinion that such sentenced should, by reason
of there being in such territory no secure place for the confinement
of such person or no suitable appliances for his execution in a
decent and human manner, be executed in 11[the States], has issued
its warrant for the execution of such sentence to the officer
incharge of a prison in 11[the State]
such officer shall, on receipt of
the warrant, caused the execution to be carried out at such place as
may be prescribed therein in the same manner, and subject to vision
of section 381 of the Code of Criminal Procedure,
1898.
(2)
The prisons of which the officers in charge are to execute sentences
under any such warrants as aforesaid 13[shall in each 14[State] be
such as the 4[State Government]] may, by general or special order
direct.
15[***]
[PART V repealed by the Criminal Law (Removal of
Discrimination) Act, 1949, with effect from 6th. April,
1949]
PART VI : REMOVAL OF PRISONERS
28. References in this
Part to prisons etc., to be constructed as referring also to
Reformatory Schools.
In this Part, all reference to
prisons or to imprisonment or confinement shall be construed as
referring also to Reformatory Schools or to detention
therein.
16[29. Removal of
prisoners.
(1) The 4[State Government] may, by general or special
order, provide for the removal of any prisoner confined in a
prison-
(a) under sentence of death, or
(b) under, or in lieu of, a
sentence of imprisonment or transportation, or
(c) in default of
payment of a fine, or
(d) in default of giving security
for keeping the peace or for maintaining good
behaviour,
to any other prison in 17[the 14[State]
18[***]
(2) 19[Subject to the orders, and under the control of the
4[State Government] the Inspector-General of prison may, in link
manner, provide for the removal of any prisoner confined as
aforesaid in a prison in the 14[State] to any other prison in the
14[State] 20[***]
30. Lunatic prisoners
how to be dealt with.
(1) Where it appears to the
4[State Government] that any person detained or imprisoned under any
order or sentence of any Court is of unsound mind, the 4[State
Government] may, by a warrant setting forth the grounds of belief t
hat the person is unsound mind, order his removal to a lunatic
asylum or other place of safe custody within the 14[State], there to
be kept and treated as the 4[State Government] directs during the
reminder of the term for which he has been ordered or sentenced to
be detained or imprisoned, or if on the expiration of that term it
is certified by a medical officer that it is necessary for the
safety of the prisoner or other that he should be further detained
under medical care or treatment then until he is discharged
according to law.
(2) Where it appears to the 4[State Government] that the
prisoner has become of sound mind, in the 4[State Government] shall,
by a warrant directed to the person having charge of the prisoner,
if still liable to kept in custody, remand him to the prison from
which he was removed, or to another prison within the 14[State] or,
if the prisoner is no longer liable to be kept in custody, order him
to be discharged.
(3) The provisions of section 9 of the Lunatic Asylum Act,
1858 shall apply to every person confined in a lunatic asylum under
sub-section (1) after the expiration of the term for Which he was
ordered or sentenced to be detained or imprisoned; and the time
during which a prisoner is confined in a lunatic asylum under that
sub-section shall be reckoned as part of the term of detention or
imprisonment which he may have been ordered or sentenced by the
Court to undergo.
21[(4) In any case in which the 4[State Government] is
competent under sub-section (1) to order the removal of a lunatic
asylum or other place of safe custody within the 14[State], the
4[State Government] may order his removal to any such asylum or
place within any other 4[State] or within any 22[Part B State] by
agreement with 4[State Government] of such other 14[State] or with
23[such State or the Ruler thereof], as the case may be; and the
provisions of this section respecting the custody, detention, remand
and discharge of a prisoner removed under sub-section (1) shall, so
far as they can made applicable, apply to a prisoner removed under
this sub-section.]
[Section 31. repealed by Amending
Act, 1903]
PART VII : PERSONS UNDER SENTENCE OF TRANSPORTATION
32. Appointment of
places for confinement of persons under transportation and removal
thereto
24[(1)] The 4[State Government ] may appoint place within
the 14[State] to which person under sentence of transportation shall
be sent; and the 4[State Government ], or some duly authorized in
this behalf by the 4[State Government ], shall give orders for the
removal of such person already undergoing transportation under
sentence previously passed for another offence.
25[(2) In any case in
which the 4[State Government] is competent under sub-section (1) to
appoint place within the 14[State] and to order the removal thereto
of persons under sentence of transportation, the 4[State Government
] may appoint such place in any other 14[State] by agreement give
orders or duly authorise some officer to give orders for the removal
thereto of such persons.]
PART VIII : DISCHARGE
OF PRISONERS
33. Release on recognizance, by order of High Court, of
prisoner recommended for pardon
[Sections 34 till 52
repealed by the Prisoners (Attended in Courts) Act,
1955]
[Section 53 repealed by the Repealing and Amending Act,
1914]
[THE FIRST SCHEDULE repealed by the Prisoners (Attendance in
Courts) Act, 1955]
[THE SECOND SCHEDULE repealed the
Prisoners (Attendance in Courts) Act, 1955]
[THE THIRD SCHEDULE
repealed by the Repealing and Amending Act, 1914]