THE PRISONERS ACT, 1900

(Punjab Act III of 1900)

CONTENTS

PART — I

PRELIMINARY

SECTIONS
1. Short title and extent.
2. Definitions.
PART II

GENERAL

3. Officers incharge of prisons to detain persons duly committed to their custody.

4. Officers incharge of prisons to return writs, etc., after execution or discharge.
PART III

[PRISONER IN THE PRESIDENCY-TOWNS]

[Omitted]

PART IV
EXECUTION OF SENTENCES
14. References in this Part to prisons, etc., to be construed as referring also to
Reformatory Schools.
15. Power for officers incharge of prisons to give effect to sentences of certain Courts.
16. Warrant of officer of such Court to be sufficient authority.
17. Procedure where officer incharge of prison doubts the legality of warrant sent to
him for execution under this Part.
18. Execution in the Provinces, etc., of certain capital sentences not ordinarily
executable there.
 PART V

[PERSONS UNDER SENTENCE

OF PENAL SERVITUDE]

[Omitted]
PART VI

REMOVAL OF PRISONERS

28. References in this Part to prisons, etc., to be construed as referring also to

Reformatory Schools.
29. Removal of prisoners.
30. Lunatic prisoners how to be dealt with.
31. [Repealed]
PART VII

PERSONS UNDER SENTENCE

OF TRANSPORTATION

32. Appointment of places for confinement of persons under sentence of transportation

and removal thereto.
PART VIII

DISCHARGE OF PRISONERS

33. Release, on recognizance, by order of High Court, of prisoner recommended for

pardon.
PART IX

PROVISIONS FOR REQUIRING THE

ATTENDANCE OF PRISONERS AND

OBTAINING THEIR EVIDENCE

Attendance of prisoners in court

34. References in this Part to prisons, etc. to be construed as referring also to
Reformatory Schools.
35. Power for Civil Court to require appearance of prisoner to give evidence.
36. District Judge in certain cases to countersign orders made under section 35.
 37. Power for certain Criminal Courts to require attendance of prisoner to give evidence
or answer to charge.
38. Order to be transmitted through Magistrate of the district or sub-division in which
person is confined.
39. Procedure where removal is desired of person confined more than one hundred
miles from place where evidence is required.
40. Persons confined beyond limits of appellate jurisdiction of High Court.
41. Prisoner to be brought up.
42. Power to Government to exempt certain prisoners from operation of this Part.
43. Officer incharge of prison when to abstain from carrying out order.
Commissions for examination of prisoners
44. Commissions for examination of prisoners.
45. Commissions for examination of prisoners beyond limits of appellate jurisdiction of
High Court.
46. Commission how to be directed.
Service of process on prisoners
47. Process how served on prisoners.
48. Process served to be transmitted at prisoner's request.
Miscellaneous
49. [Repealed]
50. Deposit of costs.
51. Power to make rules under this Part.
52. Power to declare who shall be deemed officer incharge of prison.
53. [Repealed]
THE FIRST SCHEDULE
THE SECOND SCHEDULE
THE THIRD SCHEDULE [Repealed]
 

THE PRISONERS ACT, 1900

1[1]

(Act III of 1900)

[2 February 1900]

An Act to consolidate the law relating to

prisoners confined by order of a Court

1[1]For statement of objects and reasons, see Gazette of India, 1899, Pt. V, p. 101; for report of the Select Committee, see ibid.,
1900, p. 23; for proceedings in Council, see ibid., 1899, Pt. VI, pp. 102 and 242; ibid., 1900, p. 21.
WHEREAS it is 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]
[(2) It extends to the whole of Pakistan].
3[3]
[(3) * * * * * * * * * * * *]

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
4[4]
(b) “prison” includes any place which has been declared by the [Provincial Government],
by general or special order, to be a subsidiary jail.

PART II

GENERAL

3. Officers incharge 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 incharge of prisons to return writs, etc., after execution or discharge.— The
officer incharge 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

2[2]Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd Schedule, (with effect
from the 14th October, 1955), for the original sub-section (2) as amended by the Repealing and Amending Act, 1914 (X of
1914), the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), and the Federal Laws (Revision and
Declaration) Act, 1951 (XXVI of 1951).

3[3]Sub-section (3) repealed by the Repealing and Amending Act, 1914 (X of 1914), section 3 and Schedule II.

4[4]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.
the same 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].

Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949),
Schedule.

PART IV
5[5]
[EXECUTION OF SENTENCES]

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.

15. Power for officers incharge of prisons to give effect to sentences of certain Courts.—
(1) Officers in charge of prisons
6[6]
[* * *] 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 or without 7[7][the Provinces 8[8][* * *],
under the general or special authority of 9[9][the 10[10][Federal Government], or of any
Provincial Government, or of the Government of Burma] 11[11][or of any Court or tribunal

5[5]Substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Schedule, for the original heading
“PRISONERS OUTSIDE THE PRESIDENCY-TOWN”.

6[6]The words “outside the Presidency-towns”, omitted, ibid.

7[7]Substituted the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3(2) and 4, for “British
India”.

8[8]The words “and the [Federal Territory of Karachi],” omitted by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964),
Article 2 and Schedule the words in crotchets were substituted by the Repealing and Amending Ordinance, 1961 (I of 1961),
section 3 and 2nd Schedule, for “Capital of the Federation”.

9[9]The original words, “Her Majesty, or of the Governor-general in Council, of any Local Government”, have successively been
amended by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937 and by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961),
Article 2 and Schedule (with effect from the 23rd March, 1956), to read as above.

10[10]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “Central Government”.

11[11]Inserted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 and Schedule (with effect from the 23rd
March, 1956).
 which was before the twenty-third day of March, 1956, acting under the general or
special authority of Her Majesty, or of the Crown Representative]; or
(b) by any Court or tribunal in 12[12][any Acceding State]—
(i) if the presiding Judge, or if the Court or tribunal consists of two or more Judges,
at least one of the Judges, is an officer of the 13[13][Government] authorised to sit
as such Judge 14[14][by the State or the Ruler thereof] or by 15[15][the 16[16][Federal
Government] or the Crown Representative], and
(ii) if the reception, detention or imprisonment 17[17][* * *] in any provinces 18[18][* * *] of
persons sentenced by any such Court or tribunal has been authorised by general or
special order by 19[19][* * *] the 20[20][Provincial Government] 21[21][* * *]; or
(c) by any other Court or tribunal 22[22][in any Acceding State], with the previous sanction 23[23]
[* * *] of the 24[24][Provincial Government] in the case of each such sentence, order or
warrant:
12[12]The original words, “the territories of any Native Prince or State in India”, have been amended by the Government of
India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937 and the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), section 4 and III
Schedule, to read as above.

13[13]Substituted by the Central Laws (Adaptation) Order, 1961, Article 2 (with effect from the 23rd March, 1956), for “Crown”,
which had been substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “British Government”.

14[14]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937, for “by the Native Prince or State”.

[15]
15 Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of
India (Adaptation of Indian Laws) Supplementary Order, 1937 for “the Governor-General in Council”.

[16]
16 Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974) for “Central Government”.

[17]
17 The words, “in British India or” repealed, ibid.

[18]
18 The words, “of British India”, omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949),
Schedule

[19]
19 The words, “the Governor-General in Council or”, repealed by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[20]
20 Substituted ibid., for “Local Government”.

[21]
21 The words, “as the case may be”, repealed, ibid.

[22]
22 The original words, “the territories of any Native Prince or State in India”, have been amended by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937 and the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), section 4 and III Schedule, to read as above.

[23]
23 The words, “the Governor-General in Council or”, repealed by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.
 [Provided that effect shall not be given to any sentence or order or warrant for detention
[25]

passed or issued by any Court or tribunal in Burma without the previous sanction of the Provincial
Government concerned].

(2) Where a Court or tribunal of such a 25[26][Ruler] or State has passed a sentence
which cannot be executed without the concurrence of an officer of the 26[27][Government] and
such sentence has 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 27[28][the 28[29][Federal Government] or the Crown Representative].

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 incharge of prison doubts the legality of warrant sent to him
for execution under this Part.— (1) Where an officer incharge of a prison doubts the legality of
a 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 29[30][Provincial Government], by whose order on the case he
and all other public officers 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 mitigations as may be specified in the warrant or
order.

18. Execution in the Provinces, etc., of certain capital sentences not ordinarily executable
there.— (1) Where a 30[31][Court established by the authority of the 31[32][Federal Government]]

24[24]Substituted ibid., for “Local Government”.

[25]
Inserted ibid.

25[26]Substituted ibid., for “Native Prince”.

26[27]Substituted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956),
for “Crown”, which had been substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “British Government”.

27[28]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937, for “the G.G. in C”.

28[29]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “Central Government”.

29[30]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.
exercising, in or with respect to territory beyond the limits of 32[33][the Provinces 33[34]
[* * *]],
jurisdiction which 34[35][the 35[36][Government]] has in such territory,—

(a) has sentenced any person to death, and,

(b) being of opinion that such sentence 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 humane manner, be executed in 36[37][the Provinces
37[38]
[* * *]], has issued its warrant for the execution of such sentence to the officer incharge
of a prison in 38[39][the Provinces 39[40][* * *]],
such officer shall, on receipt of the warrant, cause the execution to be carried out at such place as
may be prescribed therein in the same manner and subject to the same conditions in all respects
as if it were a warrant duly issued under the provisions of section 381 of the Code of Criminal
Procedure, 189840[41].

30[31]Substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Schedule, for “British
Court”.

[32]
31 Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “Central Government”.

[33]
32 Substituted the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3 (2) and 4, for “British India”.

[34]
33 The words, “and the [Federal Territory of Karachi]”, omitted by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), Article 2
and Schedule. The words in crotchets were substituted by the Repealing and Amending Ordinance, 1961 (I of 1961), section 3 and 2nd
Schedule, for “Capital of the Federation”.

34 [35]
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of
Indian Laws) Supplementary Order, 1937, for “the G.G. in C”.

[36]
35 Substituted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2, for “Crown” (with effect from the 23rd March,
1956).

[37]
36 Substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3(2) and 4, for “British India”.

[38]
37 The words, “and the [Federal Territory of Karachi]”, omitted by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), Article 2
and Schedule. The words in crotchets were substituted by the Repealing and Amending Ordinance, 1961 (I of 1961), section 3 and 2nd
Schedule, for “Capital of the Federation”.

[39]
38 Substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3(2) and 4, for “British India”.

[40]
39 The words, “and the [Federal Territory of Karachi]”, omitted by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), Article 2
and Schedule. The words in crotchets were substituted by the Repealing and Amending Ordinance, 1961 (I of 1961), section 3 and 2nd
Schedule, for “Capital of the Federation”.

40[41]V of 1898.
 (2) The prisons of which the officers incharge are to execute sentences under any
such warrants as aforesaid 41[42][shall in each Province be such as the Provincial Government]
may, by general or special order, direct.

(3) A Court shall be 42[43][deemed, for the purposes of this section, to be a Court
established by the 43[44][Federal Government]] if the presiding Judge, or if the Court consists of two or
more Judges, at least one of the Judges, is an officer of the 44[45][Government] authorised to act as
such Judge 45[46][by any Acceding State] or the Ruler thereof or the 46[47][Federal Government]:

Provided that every warrant issued under this sub-section by any such tribunal shall, if
the tribunal consists of more than one Judge, be signed by a Judge who is an officer of the 47[48]
[Government] authorised as aforesaid.

41[42]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937, for “shall be such as the G.G. in C. or a L.G. authorised by the G.G. in
C. in this behalf”.

42[43]Substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Schedule, for “deemed to
be a British Court for the purposes of this section”.

43[44]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “Central Government”.

44[45]Substituted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956),
for “Crown”, which had been substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “British Government”.

45[46]The original words, “by any Native Prince or State in India or by the G.G. in C.”, have been successively amended by the
Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian
Laws) Supplementary Order, 1937, the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Schedule and
the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), section 4 and 3 rd Schedule to read as above.

46[47]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “Central Government”.

47[48]Substituted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956),
for “Crown”, which had been substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “British Government”.
 PART V

[PERSONS UNDER SENTENCE OF PENAL SERVITUDE]

Omitted by the Criminal Law (Extinction of Discriminatory Privileges Act, 1949) (II of
1950), Schedule.

PART VI

REMOVAL OF PRISONERS

28. 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.
48[49]
[29.Removal of prisoners.— (1) The 49[50][Provincial 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, 50[51][* * *],
(d) in default of giving security for keeping the peace or for maintaining good
behaviour,
51[52]
[(e) unconvicted criminal prisoners],

48[49]Substituted by the Amending Act, 1903 (I of 1903), section 3 and Schedule II.

49[50]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937, for “G.G. in C”.

50[51]The word “or”, deleted by Notification No: Prs. I (M) 1572, dated 6th July, 1977.

51[52]Added ibid.
to any other prison in 52[53][the province, or, with the consent of the Provincial Government
concerned, to any prison in 53[54][the other Province]], 54[55][or, with the consent of the 55[56]Central
Government] to any prison maintained 56[57][by it or under its authority] in any part of 57[58][Pakistan].
58[59]
[(2) Subject to the orders, and under the control of the Provincial Government the
Director of Prisons may, in the like manner provide for the removal of any prisoner confined as
aforesaid in a prison situate in the area for which he is appointed to any of the prison in such
area].

[(3) The 59[61]Central Government may, by general or special order, provide for the
[60]

removal of any prisoner or class of prisoners confined in any prison to any other prison in Pakistan
maintained by or under the authority of the 60[62]Central Government or of a Provincial Government
with the consent 61[63][* * *] of the Provincial Government concerned].

30. Lunatic prisoners how to be dealt with.— Where it appears to the 62[64][Provincial
Government] that any person detained or imprisoned under any order or sentence of any Court is
of unsound mind, the 63[65][Provincial Government] may, by a warrant setting forth the grounds of
belief that the person is of unsound mind, order his removal to a lunatic asylum or other place of

52[53]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937, for “British India or to any prison in Berar”. The words, “or to any
prison in Berar” had been added by the Prisoners (Amendment) Act, 1923 (XVII of 1923), section 2.

53[54]Substituted by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), Article 2 and Schedule, for “any other
Province”.

[55]
54 Added by the Prisoners (Amendment) Ordinance, 1942 (XV of 1942).

[56]
55 Now ‘Federal Government’, see P.O. 4 of 1975.

[57]
56 Substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), for “by him or under his
authority”.

[58]
57 Substituted by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), section 4 and III Schedule, for
“India”.

[59]
58 Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962).

[60]
Added by Act XVII of 1953.

[61]
59 Now “Federal Government” see P.O. 4 of 1975.

[62]
60 Ibid.

[63]
61 The words “where such other prison is situated in a Province not being a Chief Commissioner’s Province”, omitted by the
Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), Article 2 and Schedule.

62[64]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.
safe custody within the province, there to be kept and treated as the 64[66][Provincial Government]
directs during the remainder 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 others 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 65[67][Provincial Government] that the prisoner has become of
sound mind, the 66[68][Provincial Government] shall, by a warrant directed to the person having charge
of the prisoner, if still liable to be kept in custody, remand him to the prison from which he was
removed, or to another prison within the Province, 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 Asylums Act, 185867[69], 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.
68[70]
[(4) In any case in which the 69[71][Provincial Government] is competent under sub-
section (1) to order the removal of a prisoner to a lunatic asylum or other place of safe custody
within the Province, the 70[72][Provincial Government] may order his removal to any such asylum
or place within 71[73][the other Province] or within 72[74][any Acceding State] by agreement with the

63[65]Ibid.

64[66]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

65[67]Ibid.

66[68]Ibid.

67[69]XXXVI of 1858.

68[70]Substituted by the Devolution Act, 1920 (XXXVIII of 1920), section 2 and Schedule I.

69[71]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

70[72]Ibid.

71[73]Substituted by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), for “any other Province”.

72[74]The original words “the territories of any Native Prince or State in India”, were first substituted by the Government of
India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937 and then amended by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951),
section 4 and III Schedule, to read as above.
73[75]
[Provincial Government] of such other Province or with 74[76][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 be made
applicable, apply to a prisoner removed under this sub-section].

31. [Removal of prisoners from territories under one Local Government to territories under
another]. Repealed by the Amending Act, 1903 (I of 1903),section 4 and Schedule III.

PART VII

PERSONS UNDER SENTENCE OF TRANSPORTATION

32. Appointment of places for confinement of persons under sentence of transportation

and removal thereto.— 75[77][(1)] The 76[78][Provincial Government] may appoint places within
77[79]
[the Province] to which persons under sentence of transportation shall be sent; and the 78[80]
[Provincial Government], or some officer duly authorised in this behalf by the 79[81][Provincial
Government], shall give orders for the removal of such persons to the places so appointed,
except when sentence of transportation is passed on a person already undergoing transportation
under a sentence previously passed for another offence.

[(2) In any case in which the 80[83][Provincial Government] is competent under sub-section
[82]

(1) to appoint places within the Provinces and to order the removal thereto of persons under sentence

73[75]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

74[76]Substituted, ibid., for “such Native Prince or State”,

75[77]Section 32 was re-numbered as sub-section (1) of that section by the Devolution Act, 1920 (XXXVIII of 1920), section 2 and
Schedule I.

76[78]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

77[79]Substituted by the Devolution Act, 1920 (XXXVIII of 1920), section 2 and Schedule I, for “British India”.

78[80]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

79[81]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[82]
Inserted by the Devolution Act, 1920 (XXXVIII of 1920) section 2 and Schedule I.

80[83]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.
of transportation, the 81[84][Provincial Government] may appoint such places in 82[85][the other
Province] by agreement with the 83[86][Provincial Government] of that Province and may by like
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.— 84[87][A High Court], may, in any case in which it has recommended to 85[88][the
President] the granting of a free pardon to any prisoner, permit him to be at liberty on his own
recognizance.

PART IX

PROVISIONS FOR REQUIRING THE ATTENDANCE OF PRISONERS AND

OBTAINING THEIR EVIDENCE

Attendance of prisoners in court

34. 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.

35. Power for Civil Courts to require appearance of prisoner to give evidence.— Subject
to the provisions of section 39, any Civil Court may, if it thinks that the evidence of any person
confined in any prison within the local limits of its appellate jurisdiction, if it is a High Court, or,
if it is not a High Court, then within the local limits of the appellate jurisdiction of the High
Court to which it is subordinate, is material in any matter pending before it, make an order in the
form set forth in the first schedule, directed to the officer incharge of the prison.

81[84]Ibid.

82[85]Substituted by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), for “any other Province”.

83[86]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

84[87]Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd Schedule (with effect
from the 14th October, 1955), for “Any Court which is a High Court for the purposes of the Government of India Act, 1935”,
which had been substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Any court established under the Indian High
Courts Act, 1861”.

85[88]Substituted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 and Schedule, for “Her Majesty” (with
effect from the 23rd March, 1956).
36. District Judge in certain cases to countersign orders made under section 35.— (1)
Where an order under section 35 is made in any civil matter pending—

(a) in a Court subordinate to the District Judge, or

(b) in a Court of Small Causes 86[89][* * *],

it shall not be forwarded to the officer to whom it is directed, or acted upon by him, until it has
been submitted to, and countersigned by,—

(i) the District Judge to which the Court is subordinate, or

(ii) the District Judge within the local limits of whose jurisdiction the Court of Small Causes
is situate.
(2) Every order submitted to the District Judge under sub-section (1) shall be accompanied
by a statement, under the hand of the Judge of the subordinate Court or Court of Small Causes,
as the case may be, of the facts which in his opinion render the order necessary, and the District
Judge may, after considering such statement, decline to countersign the order.

37. Power for certain Criminal Courts to require attendance of prisoner to give evidence or
answer to charge.— Subject to the provisions of section 39, any Criminal Court may, if it thinks
that the evidence of any person confined in any prison within the local limits of its appellate
jurisdiction, if it is a High Court, or, if it is not a High Court, then within the local limits of the
appellate jurisdiction of the High Court to which it is subordinate, is material in any matter pending
before it, or if a charge of an offence against such person is made or pending, make an order in the
form set forth in the first or second schedule, as the case may be, directed to the officer incharge of
the prison:

Provided that if such Criminal Court is inferior to the Court of a Magistrate of the first
class, the order shall be submitted to, and countersigned by, the 87[90][Sessions Judge] to whose
Court such Criminal Court is subordinate or within the local limits of whose jurisdiction such
Criminal Court is situated.

38. Order to be transmitted through Magistrate of the district or sub-division in which

person is confined.— Where any person, for whose attendance an order as in this Part provided
is made, is confined in any district other than that in which the Court making or countersigning
the order is situate, the order shall be sent by the Court by which it is made or countersigned to
the 88[91][Sessions Judge or] Magistrate within the local limits of whose jurisdiction the person is

86[89]The words, “outside a Presidency Town”, omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4
of 1949).

87[90]Substituted for the words “District Magistrate” by the Prisoners (Punjab Amendment) Ordinance, 2001 (XXXIX of 2001), which
will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum
limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
88[91]Ibid., for the words “District or Sub-divisional”.
confined, and that 89[92][Court] shall cause it to be delivered to the officer incharge of the prison in
which the person is confined.

39. Procedure where removal is desired of person confined more than one hundred miles
from place where evidence is required.— (1) Where a person is confined 90[93][* * *] in a prison
more than one hundred miles distant from the place where any Court, subordinate to a High
Court, in which his evidence is required, is held, the Judge or presiding officer of the Court in
which the evidence is so required shall, if he thinks that such person should be removed under
this Part for the purpose of giving evidence in such Court, and if the prison is within the local
limits of the appellate jurisdiction of the High Court to which such Court is subordinate, apply in
writing to the High Court, and the High Court may, if it thinks fit, make an order in the form set
forth in the first schedule, directed to the officer incharge of the prison.

(2) The High Court making an order under sub-section (1) shall send it to the 91[94]
[Sessions Judge or] Magistrate within the local limits of whose jurisdiction the person named
therein is confined,
92[95] 93[96] 94[97]
[* * *] and such [Court] [* * *] shall cause it to be delivered to the officer incharge of
the prison in which the person is confined.

40. Persons confined beyond limits of appellate jurisdiction of High Court.— Where a
person is confined in a prison beyond the local limits of the appellate jurisdiction of a High
Court, any Judge of such Court may, if he thinks that such person should be removed under this
Part for the purpose of answering a charge of an offence or of giving evidence in any criminal
matter in such Court or in any Court subordinate thereto; apply in writing to the 95[98][Provincial
Government] of the territories within which the prison is situate, and the 96[99][Provincial

89[92]Ibid., for the word “Magistrate”.

90[93]The words, “in a prison within a Presidency-town, or”, omitted by the Adaptation of Central Acts and Ordinances Order,
1949 (G.G.O. 4 of 1949).

91[94]Substituted for the words “District or Sub-divisional” by the Prisoners (Punjab Amendment) Ordinance, 2001 (XXXIX of 2001),
which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
92[95]The words, “or in the case of a person confined in a prison within a Presidency-town to the Commissioner of Police”,
omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Schedule.

93[96]Substituted for the word “Magistrate” by the Prisoners (Punjab Amendment) Ordinance, 2001 (XXXIX of 2001), which will
remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
94[97]The words, “or Commissioner”, omitted, by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949),
Schedule.

95[98]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

96[99]Ibid.
Government] may, 97[100][* * *] direct that the person be so removed, subject to such rules
regulating the escort of prisoners as the 98[101][Provincial Government] may prescribe.

41. Prisoner to be brought up.— Upon delivery of any order under this Part to the officer
incharge of the person in which the person named therein is confined, that officer shall cause him
to be taken to the Court in which his attendance is required , so as to be present in the Court at
the time in such order mentioned, and shall cause him to be detained in custody in or near the
Court until he has been examined or until the Judge or presiding officer of the Court authorises
him to be taken back to the prison in which he was confined.

42. Power to Government to exempt certain prisoners from operation of this Part.— 99[102]
[* * *] The 100[103][Provincial Government] may, by notification in 101[104][* * *] the 102[105][Official
Gazette], 103[106][* * *] direct that any person or any class of persons shall not be removed from the
prison in which he or they may be confined; and thereupon, and so long as such notification
remains in force, the provisions of this Part, other than those contained in sections 44 to 46, shall
not apply to such person or class of persons.

43. Officer incharge of prison when to abstain from carrying out order.— In any of the
following cases, that is to say,—

(a) where the person named in any order made under section 35, section 37 or section 39
appears to be, from sickness or other infirmity, unfit to be removed, the officer
incharge of the prison in which he is confined, shall apply to the 104[107][Sessions Judge
or] Magistrate within the local limits of whose jurisdiction the prison is situate, and if
such 105[108][Court], by writing under his hand, declares himself to be of opinion that the
person named in the order is, from sickness or other infirmity, unfit to be removed; or

97[100]The words, “if it thinks fit” deleted by the Prisoners (Punjab Amendment) Ordinance, 1984 (XXVIII of 1984).

98[101]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937, for “G.G. in C”.

99[102]The words “the G.G. in C. or” repealed by the Devolution Act, 1920 (XXXVIII of 1920), section 2 and Schedule I.

100[103]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of
India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

101[104]The words “the Gazette of India or” repealed by the Devolution Act, 1920 (XXXVIII of 1920), section 2 and Schedule I.

102[105]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of
India (Adaptation of Indian Laws) Supplementary Order, 1937, for “local official Gazette”.

103[106]The words “as the case may be”, repealed by the Devolution Act, 1920 (XXXVIII of 1920), section 2 and Schedule I.

104[107]Substituted for the words “District or Sub-divisional” by the Prisoners (Punjab Amendment) Ordinance, 2001 (XXXIX
of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
105[108]Ibid., for the word “Magistrate”.
 (b) where the person named in any such order is under committal for trial; or
(c) where the person named in any such order is under a remand pending trial or pending
a preliminary investigation; or
(d) where the person named in any such order is in custody for a period which would
expire before the expiration of the time required for removing him under this Part and
for taking him back to the prison in which he is confined;
the officer incharge of the prison shall abstain from carrying out the order, and shall send to the
Court from which the order has been issued a statement of the reason for so abstaining;

Provided that such officer as aforesaid shall not so abstain where—

(i) the order has been made under section 37; and
(ii) the person named in the order is confined under committal for trial, or under a remand
pending trial or pending a preliminary investigation, and does not appear to be, from
sickness or other infirmity unfit to be removed; and
(iii) the place, where the evidence of the person named in the order is required, is not more
than five miles distant from the prison in which he is confined.
Commissions for examination of prisoners

44. Commissions for examination of prisoners.— In any of the following cases, that is to
say,—

(a) where it appears to any Civil Court that the evidence of a person confined in any
prison within the local limits of the appellate jurisdiction of such Court, if it is a High
Court, or if it is not a High Court, then within the local limits of the appellate
jurisdiction of the High Court to which it is subordinate, who, for any of the causes
mentioned in section 42 or section 43, cannot be removed, is material in any matter
pending before it; or
(b) where it appears to any such Court as aforesaid that the evidence of a person confined
in any prison so situate and more than ten miles distant from the place at which such
Court is held, is material in any such matter; or
(c) where the District Judge declines, under section 36, to countersign an order for
removal;
the Court may, if it thinks fit, issue a commission, under the provisions of the Code of Civil
Procedure106[109], for the examination of the person in the prison in which he is confined.

45. Commissions for examination of prisoners beyond limits of appellate jurisdiction of

High Court.— Where it appears to a High Court that the evidence of a person confined in a
prison beyond the local limits of its appellate jurisdiction is material in any civil matter pending
before it or before any Court subordinate to it, the High Court may, if it thinks fit, issue a

106[109]XIV of 1882, subsequently replaced by the Code of Civil Procedure 1908 (V of 1908).
commission under the provisions of the Code of Civil Procedure 107[110], for the examination of the
person in the prison in which he is confined.

46. Commission how to be directed.— Every commission for the examination of a person issued
under section 44 or section 45 shall be directed to the District Judge within the local limits of whose
jurisdiction the prison in which the person is confined is situated, and the District Judge shall commit
the execution of the commission to the officer incharge of the prison, or to such other person as he
may think fit.

Service of process on prisoners

47. Process how served on prisoners.— When any process directed to any person confined in
any prison is issued from any Criminal or Revenue Court, it may be served by exhibiting to the
officer incharge of the prison the original of the process and depositing with him a copy thereof.

48. Process served to be transmitted at prisoner’s request.— (1) Every officer incharge of a
prison upon whom service is made under section 47 shall, as soon as may be, cause the copy of
the process deposited with him to be shown and explained to the person to whom it is directed,
and shall thereupon endorse upon the process and sign a certificate to the effect that such person
as aforesaid is confined in the prison under his charge and has been shown and had explained to
him a copy of the process.

(2) Such certificate as aforesaid shall be prima facie evidence of the service of the
process, and, if the person to whom the process is directed requests that the copy shown and
explained to him be sent to any other person and provides the cost of sending it by post, the
officer incharge of the prison shall cause it to be so sent.

Miscellaneous

49. [Application of Part in certain cases]. Omitted by the Adaptation of Central Acts and
Ordinances Order, 1949 (G.G.O. 4 of 1949), Schedule.

50. Deposit of costs.— No order in any civil matter shall be made by a Court under any of the
provisions of this Part until the amount of the costs and charges of the execution of such order (to
be determined by the Court) is deposited in such Court:

Provided that, if upon any application for such order it appears to the Court to which the
application is made, that the applicant has not sufficient means to meet the said costs and
charges, the Court may pay the same out of any fund applicable to the contingent expenses of
such Court, and every sum so expended may be recovered by the 108[111][Provincial Government]

107[110]Ibid.

108[111]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937, for “Govt”.
from any person ordered by the Court to pay the same, as if it were costs in a suit recoverable
under the 109[112]Code of Civil Procedure 1882.
110[113] 111[114]
51. Power to make rules under this Part.— (1) The [Provincial Government] [* *
*] may make rules—

(a) for regulating the escort of prisoners to and from Courts in which their attendance is
required and for their custody during the period of such attendance;
(b) for regulating the amount to be allowed for the costs and charges of such escort; and
(c) for the guidance of officers in all other matters connected with the enforcement of this
Part.
(2) All rules made under sub-section (1) shall be published in the 112[115][official
113[116]
Gazette] [* * *] and shall, from the date of such publication, have the same force as if
enacted by this Act.

52. Power to declare who shall be deemed officer incharge of prison.— The 114[117]
[Provincial Government] may declare what officer shall, for the purposes of this Part, be deemed
to be the officer incharge of a prison.

53. [Repeals] Repealed by the Repealing and Amending Act, 1914 (X of 1914), section 3 and
Schedule II.

109[112]Now the Code of Civil Procedure, 1908 (V of 1908).

110[113]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of
India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

111[114]The words, “and in cases arising under section 40, the G.G. in C”., repealed ibid.

112[115]Substituted ibid., for “local official Gazette”.

113[116]The words, “or the Gazette of India, as the case may be”, repealed, ibid.

114[117]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of
India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.
 THE FIRST SCHEDULE

(See section 35 and 37)

Court of _______________________________________________

To the officer incharge of the_______________________________

(state name of prison).

You are hereby required to produce _________, now a prisoner in _________, under safe
and sure conduct before the Court of ________ at _______ on the ________ day of __________
next by _________ of the clock in the forenoon of the same day, there to give evidence in a
matter now pending before the said Court, and after the said _______ has then and there given
his evidence before the said Court or the said Court has dispensed with his further attendance,
cause him to be conveyed under safe and sure conduct back to the prison.

The ______________________ day of _________________________

A.B.

(Countersigned) C.D.

 
 THE SECOND SCHEDULE

(See section 37)

Court of _______________________________________________

To the officer incharge of the_______________________________

(state name of prison).

You are hereby required to produce _________, now a prisoner in _________, under safe
and sure conduct before the Court of ________ at _______ on the ________ day of __________
next by _________ of the clock in the forenoon of the same day, there to answer a charge now
pending before the said Court, and after such charge has been disposed of or the said Court has
dispensed with his further attendance, cause him to be conveyed under safe and sure conduct
back to the said prison.

The ______________________ day of _________________________

A.B.

(Countersigned) C.D.

[THE THIRD SCHEDULE]. Repealed by the Repealing and Amending Act, 1914 (X of 1914),
section 3 and Schedule II.