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THE PRISONERS ACT, 1900

Title : THE PRISONERS ACT, 1900

Year : 1900



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.

STATE AMENDMENTS

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 the 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 and 15 of 1959].

Tamil Nadu

Section 5 shall be renumbered as sub-section (1) of Section 5 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”.

[Mad. Act 11 of 1958].



The 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”.



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.

STATE AMENDMENTS

Maharashtra

In Section 7-

(a) For the words “criminal jurisdiction”, substitute the words “or appellate tribunal 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) For 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 Session Court”.

[Bom. Act 7 of 1949 and 15 of 1959].

Tamil Nadu

For Section 7, substitute the following 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 imprisonemnt or to death, the Court shall cause him to be delivered to the Superintendent, together with is warrant, and such warrant shall be executed 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]



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

STATE AMENDMENTS

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”.

[Bomb. Acts 7 of 1949 and 15 of 1959].

Tamil Nadu

Section 8 omitted.

[Mad. Act 11 of 1958].



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.

STATE AMENDMENT

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 if 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, and 15 of 1959].



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.

STATE AMENDMENTS

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 11 of 1958, omit the words “by a Presidency Magistrate”, “the Magistrate or” and “his or”.

[A.P.A.L.O. 1961].

Tamil Nadu

For Section 10, substitute the following section, namely: —

“10. Delivery of persons sentenced by President Magistrate or by any Court constituted under lawful authority. — Where any person is sentenced by a Presidency Magistrate or by any Court constitued 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 Magistrate or the Court shall cause him to be delivered to the Superintended, together with his or its warrant”.

[Mad. Act 11 of 1958].



Every person committed by a Magistrate, 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.

STATE AMENDMENTS

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. Act 7 of 1949].

Tamil Nadu

For Section 11, substitute the following, 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 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 maybe dealt with according to law.

[Mad. Act 11 of 1958].



The High Court may, pending the hearing, under Section 350 of the Code of Civil Procedure of any application for a declaration of insolvency, cause the judgment-debtor concerned to be delivered to the Superintendent, subject to the provisions as to release on security of Section 349 of the said Code, and the Superintendent shall detain the said judgment-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 due course of law.



(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, warrant 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 all necessary orders or warrants for that purpose.

STATE AMENDMENT

Maharashtra

In its application to State of Maharasthra, in Section 13,-

(a) in sub-section (1) for 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 and 15 of 1959].
Last updated on July, 2016

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