The Prisoners Act, 1900 (ACT 3 OF 1900) ARRANGEMENT OF SECTIONS PARTI PRELIMINARY SECTIONS 1 Short title and extent. 2. Definitions. PART I GENERAL 3. Officers in. charge of prisons to detain persons duly committed to their custody 4. Officers in charge of prisons to return writs, etc., after execution or discharge.10. 1. 12. 13. PART IIL PRISONERS IN THE PRESIDENCY - TOWNS Warrants, etc., to be directed to Police-officers. Power for State Government to appoint Superintendents of Presidency prisons. Delivery of persons sentenced to imprisonment or death by High Court. Delivery of persons sentenced to transportation by High Court. Delivery persons committed by High Court in execution of a decree or for contempt. Delivery of persons sentenced by Presidency Magistrates. Delivery of persons committed for trial by High Court, Custody pending hearing by High Court under section 350 of the Code of Civil Procedure of application for insolvency. Delivery of persons arrested in pursuance of warrant of High Court or Civil Court in Presidency-town14, 15, 16. 17. 18. PART IV PRISONERS OUTSIDE THE PRESIDENCY TOWNS References in this Part to prisons etc., to be constructed as referring also in Reformatory Schools. Power of officers in charge of prisons to give effect to sentences of certain Courts. Warrant of officer of such Court to be sufficient authority. Procedure where officer in charge of prison double the legality of warrant sent to him for execution under this Part, Execution in the States of certain capital sentences not ordinarily executable there. PART V PERSONS UNDER SENTENCE OF PENAL SERVITUDE 19-27. (Repealed.}28. 29. 30. 31 32 33. PART VI REMOVAL OF PRISONERS references in this Part to prisons, etc., to be constructed as referring also to Reformatory Schools. Removal of prisoners. Lunatic prisoners how to be dealt with. (Repealed.) PART VIL PERSONS UNDER SENTENCE OF TRANSPORTATION Appointment of places for confinement of persons under sentence of transportation and removal thereto. PART VIIL DISCHARGE OF PRISONERS 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 34-35. (Repealed.} THE FIRST SCHEDULE. - (Repealed.) THE SECOND SCHEDULE. - (Repealed.) THE THIRD SCHEDULE. - (Repealed.) STATEMENT OF OBJECTS AND REASONS ‘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.) SELECT COMMITTEE REPORT “We have adopted the suggestion of the Government of Bombay that sections 1 and 20 of the Prisoners Act, 1871 (V of 1871), should be entirely repealed and that all cases inwhich persons sentenced in Native States are to be imprisoned in British India should be 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 $.16 of the Act of 1871 by the Prisoners Act (1871), Amendment Act, 1894 (VII OF 1894 (VII of 1894), sec. 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-cl. (3) of clause 20 of the Bill as introduced (now sub-clause (3) of 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 with a Presidency-town whose removal for the purpose of giving evidence elsewhere 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 some place 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 how the custody of prisoners sent to a Court cither to give evidence or to answer a charge is to be provided for pending their return to their original prison. (a) of clause 53 of the Bill as introduced (now clause 51).” (Gazette of India, 1900, Pt. V. p. 23.)1. THE PRISONERS ACT, 1900 (ACT 3 OF 1900) [2.4 February, 1900] An Act to consolidate the law relating to prisoners confined by order of a Court. WHEREAS it is expedient to consolidate the law relating to prisoners confined by order of a Court: It is hereby enacted as follows: - PARTI PRELIMINARY Short title and extent. - (1) This Act may be called THE PRISONERS ACT, 1900; 12) It extends to the whole of India except 2[the territories which, immediately before the 1st November, Substituted for sub-section (2} by A.0., 1950. ted for the words “Part B States” by A.O., 1956.1956, were comprised in Part B States. ]] 2] 23] * * o 4 4 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 4[State Government,] by general or special order, to be a subsidiary jail. 5{() “States” means the territories to which this Act extends. | 3, ‘The word ‘and’ and sub-section (3) were repealed by the Repealing and Amendment Act, 1914 (10 of 1914), 4. Substituted for the words “Provincial Government” by A.O., 1950. Substituted for the former clause (c) by A.O., 1956.PART II GENERAL 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. 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 him, showing how the same has been executed, or why the person committed thereby has been discharged from custody before the execution thereof.