Title : THE PRISONERS ACT, 1900 Year : 1900
PRISONERS OUTSIDE THE PRESIDENCY-TOWNS
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.
In the heading to Part IV for the words “the Presidency-towns” substitute the words “Greater Bombay.”
[Bom. Acts 7 of 1949, and 15 of 1959].
15. Power for officers in-charge of prisons to give effect to sentences of certain Courts . — (1) Officers in-charge of prisons outside the Presidency-towns 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 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 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 persons sentenced by any such Court or tribunal has been authorised by general or special order by the State Government:
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 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 the Central Government or the Crown Representative.
In sub-section (1) of Section15, for the words “the Presidency-towns” substitute the words “Greater Bombay”.
[Bom. Act 7 of 1949 and 15 of 1959].
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.
In its application to the State of Tamil Nadu, in Section 16, for the words “for transportation” substitute the words “for imprisonment for life”.
[Mad. Act 11 of 1958].
17. Procedure where officer in-charge of prison doubts and legality of warrant sent to him for execution under this Part . — (1) Where an officer in-charge 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 State Government, by whose order on the case he and all other public officer 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 States of certain capital sentences not ordinarily executable there . — (1) Where a Court established by the authority of the Central Government exercising, in or with respect to territory beyond the limits of the States, jurisdiction which the Central 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 human manner, be executed in the States, has issued its warrant for the execution of such sentence to the officer in-charge of a prison in the State,
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, 1898 (5 of 1898).]
(2) The prisons of which the officers in-charge are to execute sentences under any such warrants as aforesaid shall in each State be such as the State Government may, by general or special order, direct.
[Part V — Persons under Sentence of Penal Servitude — Sections 19-27]. Repealed by Section 4 of the Criminal Law (Removal of Racial Discriminations) Act, 1949.]
Last updated on May, 2015