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THE PRISONERS ACT, 1900

Title : THE PRISONERS ACT, 1900

Year : 1900



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.



(1) The 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 the State

(2) Subject to the orders, and under the control, of the State Government, the Inspector-General of Prisons may, in like manner, provide for the removal of any prisoner confined as aforesaid in a prison in the State to any other prison in the State.

STATE AMENDMENT

Tamil Nadu

In Section 29,-

(i) In sub-section (1), in Clause (b), for the words “or transportation” substitute the words “or imprisonment for life”;

(ii) After sub-section (2), add the following sub-section, namely, — “(3) Subject to the orders, and under the control, of the State Government any person who is detained in custody in a prison pending inquiry or trial under any writ, warrant or order of any Court may, by order, be directed to be removed —

(i) From one subsidiary jail to another subsidiary jail in the district, by the Collector of the district or by his Personal Assistant (not below the rank of Deputy Collector),

(ii) From one subsidiary jail to another subsidiary jail within the jurisdiction of a Revenue Divisional Officer, by the Revenue Divisional Officer,

(iii) From a subsidiary jail in one district to a subsidiary jail in another district, by the Collector of the district from which the person is removed with the cosent of the Collector of the other district,

(iv) By the Inspector-General of Prisons

(a) From one Central Jail to a District Jail or a subsidiary jail;

(b) From one district jail to another district jail or a Central Jail or a subsidiary jail; or

(c) From one subsidiary jail to another subsidiary jail or to a district jail or a Central jail”. [Mad. Act 11 of 1958].



(1) Where it appears to the State Government that any person detained or imprisoned under any order or sentence of any Court is of unsound mind, the State 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 safe custody within the State, there to be kept and treated as the State 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 State Government that the prisoner has become of sound mind, the State Government shall by a warrant direct 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 State, or, if the prisoner is no longer liable to be kept in custody, order him to be discharged.

(3) The provisions of [2][Section 9 of the Lunatic Asylums Act, 1858 (36 of 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.

(4) In any case in which the State 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 State, the State Government may order his removal to any such asylum or place within any other State or within any part of India to which this Act does not extend by agreement with the State Government of such other State; and the provisions of this section respecting the custody, detention, remand the 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.

Last updated on July, 2016

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