[Prisons (1[Tamil Nadu] Amendment) Act, 1940]*
| 1[Tamil Nadu Act No. 5 of 1940] | [9th April, 1940] |
An Act further to amend the Prisons Act, 1894, in its application to the 2[State of Tamil Nadu], for certain purposes.
Whereas it is expedient further to amend the Prisons Act, 1894 (Central Act IX of 1894), in its application to the 2[State of Tamil Nadu], for the purposes hereinafter appearing; 3[It is hereby enacted as follows:-]
1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
2 This expression was substituted for the expression "Province of Madras" by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the Nth January, 1969.
3 These words were substituted for the paragraph containing the enacting formula and the paragraph preceding that paragraph by section 5 of the Tamil Nadu Re-enacting and Repealing (No. I) Act, 1948 (Tamil Nadu Act VII of 1948).
* Received the assent of the Governor on the 2nd April, 1940; first published in the Fort St. George Gazette on the 9th April, 1940
1. Short title.- This Act may be called the Prisons (1[Tamil Nadu] Amendment) Act, 1940.
1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
2. Amendment of section 39-A, Central Act IX of 1894.- In section 39-A of the Prisons Act, 1894 (Central Act IX of 1894) (hereinafter referred to as the said Act), the Explanation shall be renumbered as Explanation I and the following shall be added as Explanation II, namely-
"Explanation II.-In this section, ‘prisoner’ means a convicted criminal prisoner."
3. Insertion of new lections 39-B and 39-C in Central Act IX of 1894.- After section 39-A of the said Act, the following sections shall be inserted, namely:-
"39-B. Punishment for escape or attempt to escape from hospital or asylum.- If any prisoner dealt with under section 39-A escapes or attempts to escape from the hospital or asylum to which he has been sent or when going thereto or returning therefrom, he shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.
The punishment under this section shall be in addition to the punishment for which the prisoner was liable for the offence of which he was already convicted.
39-C. Provisions applicable to bonds referred to in section 39-A.- The provisions of Chapter XLII of the Code of Criminal Procedure, 1898 (Central Act V of 1898)*, shall so far as may be, apply to the bonds referred to in section 39-A".
* See now the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), Chapter XXXIII.