Chhattisgarh act 003 of 1900 : The Prisoners Act, 1900

20 JAIL MANUAL · [ PRISONS ACl

CHAPTER II

THE PRISONERS ACT, 1900 (Ill OF 1900)

C.ONTBNTS

PART I-PRELIMINARY

Sections.

1. Short title and extent

2. D efinitions PART II-GENERAL

3. Officers in-charge of prisons to detain persons duly committed to their cmrcdy.

4. Officers in-cbar1:,e of prisons to return writs, etc., after execution or discharge.

PART III-PRISONERS IN THE PRESIDENCY TOWNS

5. Warrants, etc., to be directed to Police Officers

6. Pov;•er for State Governments to ~ppoiN Superir..te.i;- dents of Presidency Prisons.

7. Delivery of persons sentenced to imprisonment or death by High Court.

8. Delivery of persons sentenced to transportaticn by High Court.

9. Delivery of persons committed by High Court in execution of a decree or for ecntcmpt. IO. Delivery of persons sentenced by Presidency

Magistrate~.

11. Delivery of persons commi· tcd for trial by High Court.

12. Custody pending hearir.g by High Court under section 350 of the Code of Civil P1cc£dure of applicaticn for insolvency.

13. Delivery of perscrs arnst

TOWNS

14. References in this Part to prisons, etc., to be construed as referring also to Refornuitory Schools.

1

...

PRISONS ACT ] JAIL MA~'UAL J 5. Power for officer& in-::harge of prisons to give efl'ectto ·sentences of certain Court~.

16. Warrant of officer of such Court to be sufficient

authority.

17. Procedure where officer in-charge of priaon doubts the I~ali!) of warr2nt sent to him for execution

under this part.

I 8. Execution in tht> states of certain capital sentence!. net ordinarily executable there.

PART V-PERSONS UNDER SENTENCE OF

PENAL SERVITUDE

19-27 (Repealed)

PART VI-REMOVAL OF PRISONERS

2~. References in this Part tc pnsons, etc., to be construed

::s referring also to Reform;.tory Schools.

29. Removal of prisoners

30. Lunatic prisoners ho\\ to be dealt with

31. (Repealed) PART VI-A 1 31-A. Temporary release of prisoners 31-B. Surrender by prisoner after the release i,eriod 31-C. Penalty

PART VII-PERSONS UNDER SENTENCE OF

TRANSPORTATION

32. Appoiotment of places for confinement of persons under sentence of transportation and removal thereto. PART VIII-DISCHARGE OF PRISONERS

33. Release, on recognizance, by order of High Coun of prisoner reccmmcnded for pardon.

1. Inserted as per C. P. and Berar Act, 1939 (VI of 1939) •

21

22 JAIL MANUAL ( PRISGNS A<:r

PART IX-PROVISIONS FOR REQUIRING THE

ATTENDANCE OF PRISONERS AND OBTAINING

THE EVIDENCE

34-52. (Repealed) 2

53. (ltepealed) The First Schedule (Repealed) 3 The Second Schedule (Repealed) 4 The Third Scbed .1le (Repealed) 5

2 Sc.:. 34-~ m;,eued by the Pnsoncrs (Attendance in amm) Act., 1955, (Act XXXl'I-of 1914).

3 S-53 Repeah!d ti, (Act X of 1914).

4 Repealed by (Act XXXII of 1955). S Repealed "' (Alt S ~ ltl~

,

3

PRISONS ACT ] JAIL MANUAL

THE PRISONERS A<..'T, 1900 Act No. W of 1900

(As modified up to ht Nov., 1956) ~d February, J900J

An Act to comolldate the law re-ladog to PriSODers co.afined by order of a Cowl

Whereas it is expendient to consolidate tl e lav. relating to prisoners confined by order of a Court; It is hereby enacted as follo\\.s:-

PART I-PRELIMINARY

23

l. (1) This Act may be called the Prisoners Act, 1900. Short title anJ extent.

(2) It extends to the v.bole of India except the territo- ries which, immediately before the 1st NoYcmber, 1956, \'iere comprised in Part B Srates*cther than the Madhya Bharat and SironJ r~ions of the State of ll&dhya Pradesh.

2. In this Act, U!lless the.re is anything repugnant in Definitions. the subject or context-

(a) "Court" includes a Coroner and any officer lav.-fully exercising civil, criminal or nwenue jurisdiction; and

(b) "Prison" includes any place ~hich has been declared by the State Government, by general or special order, to be a Subsidiary Jail; al\d

(c) "States" means the territories to which this Act extends.

PART Il-GBNER.A:L

3. The Officer in-charge of a prison shall duly receive and detain all pcrscns duly committ

4. The Officer in-charge of a prison shell forthwith, after the e'\ecution of e, cry such ~rit, order or ,..,arrant 116 aforetaid other than a warrant of commitment for tru.l, or after the dis- ~l'Be of the pa'IOD committed thereby, retur'l such Mit, ~ by Madhya Pradctll'liztentioD of Laws Acr, 1958 (No. 23 of.l.i58). Officers in-charge

of prisons to detain

persons duJY com-

mitted to their

,11stody.

Officers in-charge of

prisons to return

writs,«c.,after exe-

cution or discbarac.

4

24

Warranu,erc .• to be directed to Police Officcn.

Power for State Government to

appoint Superinten- dents of Presidency prisons.

Delivery ofpenons sentenced to im- prisonment or death by High Court. Delivery of persons sentenced to trans- ponation by High Court.

Delivery of persons committed by High Court in execution of a decree or for contempt.

Delivery of pcrsc.ns sentenced by prest- c!ency Magistrates. Delivery of person committed for trial by High Coun.

JAIL MANUAL [ PRISO:-.~ ACT order or warrant to th.! Court by which the same \\-as issued or made, together ..-ith a certificateendorSecl thereon and signed bY him, showing how the same has been eXecuted, or why the perSon committed thereby has been discharged from custody before the execution thereof.

PART III-PRISONERS IN THE PRESIDENCY TOWNS

5. Every\\-ritor\\-arrantforthearr~t of any person issued by the High Court in the exercise of its ordinary, extarordi- ild1y or other criminal jurisdi1;tion st.all be directed to and exe- cuted by a l>olice Officer \\-ithin the locall imits of such juris- diction.

6. The State Government may appoint officers who shall have authority to receive a:rd detain prisor:.ers ccmmitted to their custody under this part.

Explanation.-Any officer ~o appointed, by whatever designation he may be styled, is hereinafte, re- ferred to as "the S:i~erintendent".

7. Where ariy person is sente1:c~d by the High Court in the exercise of its original criminal jurisdicticn 10 imprison- ment or to dea :h, 11.:e Cuu1 l shall cause him t0 be delivered to the Superintendent, together "'ith its warrant, and such warrant shall be executed by the ~uprrintcndcnt and retutne(.i by him to the High Court when executecl.

8. Where any person is sentenced by the Hit,h Court in the exercise of h1s original criminal jurisdiction to transpor- tation the Courts~.ailcausehim to be clelin.red fer intermecliate custt'Clv to the Superintendent, m:d the trar:sportaticr. rf such person· shall be deemed to commence from such delivery.

9. Where any person is committed b:i, the High Court .. \\hether in execution of 2. decree or for ccntemot cf Court or for any other cause, the Court shall cause, him to be deli- ,·ercd to the Superintendent together with its v.arr-...nt of com- mitment.

10. Where any person is sentenc,d by a Presidency l\1.igis- tra te ro imprisonment, or is committed to prison fer failure to find security to keep the peace or to be of good behavio~r, the Magistrate ehall c&l!Se him to be delivered to the Supnn- tendent, together ~.ith bis warrant.

I I. Every person committed by a Magistrate, ~r Just~ce of the Peace for trial by the High Cour~ in the exe1c1se of ~ts

original criminal jurisdicticn sh;;ll be deli,·en:d u, 11'e SupcrJ11- -

P.RISONS ACT) JAIL~AL tenriPrit tog'!!her ,1 ,ith :?. •:-. :.--runt of cc=i:==.t, dirc.cti:lg

the Superintendent to produce i.uch person Wore the Coun for trial; anci thl" Superintendent shall, as soon as practicable, cause such person to be taken before the Court at a criminal se~sion thereof, together with the warrant of commitment, in order that he may be dealt with according to law.

12. The High Court may, pending the hearing, under section 350 d the Cocle of Civil Procedure (XIV of 1882) of any application for a declaration to insolvency, cause the Judgcmcm debtor cor..c.:ri:cd to be ddive1eC: to tL" S1.,pt1 i111e- ndent, subject to the provisicns as to release on "Ccurity of section 349 of the said Code, and the Supcrinterdent shall d.!tain the said judgement-debtor in safe custody until he is redelivered to an officer of the High Court for the purpose of being taken before it in pursuance of its order, or un t ii he is relca:.l'LI iu ,¹ue course of law.

13. {l) Every person arrested in pursuance cf a \7rit, warrant or order of the High Court in the exercise of its ori1-iniil ci\il juriscicticn, or ir, pursuance of a \\arrmt of l'ny Ci\'il Court established in a Presidency-town under any l:iw or enactment for the time beirg in force, or in pursuance of ii warrant isc;ucd under section 5, shall be brought "-ithcut delay before the Court by which er by a judge of \7hich the v,rit, \?arrant or order v,as issued, a,;;-arded or made, or be- fore a Judge therecf, if the said Court, or a Judge thereof, is then sittinE; for the exercise of original Juriscliction,

(2) If the said Court, or a J uC11:,e thereof, is ,_ot then sitting for the exercise of original 1oriscictior., such person arresLed as aforesaid shall unless a Jud~ of the said Court otherwise ~il"l'rts ht" nPl iv,.!"l"ri '" thl" Supe,.;fl_te!"rleI?.t fer iI?.te~med~te custody, and shall be brought before the said Court, or a Judge thereof, at the next sitting of the said Conrt, or of a Judge thereof, for the exercise of origin2J 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 \\-arrants for that purpose.

PART IV-PRISONERS OUTSIDE TIIE PRESIDENCY-

TOWNS.

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26

·warrant of officer of IUc:h Court to be IWl'cient authority. JAIL MANUAL { PRISONS ACT or wit.'iout the st .. tcs ur,d.:r the genera! or specfal authority of the Central Government, or of any State Government, or of the Government of Burma, or by any Court or tribunal, \\-hich Vias before the commencement of the Constitution acting under the general or special authority of His Magesty, or the Crown Representative; or

(b) Before the 26th Jaunuary, 1950, by any Court or trjbunal in any Indian State :-•

(i) ifrhe Prt"sidi11g Jt•clge, er ift!!e Cc:.:..."t c::- t::-:bd consisted of tv.o or more Judges, at least one of the Judges, was an officer of the Cro\ll,n authorisecf to sit as such Judge by the State or the Ruler thereof or by the Cc-ntraJ Go~rn-

ment or the Cro\ll,n Representative; and

(ii) if the reception, detention er imprisonment in any Province of India of persons sentenced by any such Court or tribunal had been authoris- ed by g~neral or special order by the State Government;

Provided that eftect shall not be given to an) sentence or order or warrant for detention passed or i~sued by any Court or tribunal in Burma \\ithout the previous SbJlction of the State Government concerr.ed.

(2) Where a Court or tribunal of such an Indian State as aforesaid had passed a sentence which could not have been cJE:ecuted \ll, ithout the concurrence of an officer of the CroVln, and such sentence had been considered on the merits and con- firmed by any such officer specially authorised in that behalf,

such sentence, and any order of ~arrant should in pursuance thereof, shall be deemed to be the sentence, order or \11,&rrant of' a Court or tribunal acting under the authority of the Central Government or the Crov.n Representative.

16. 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 cf the sentence passed upon him.

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PRISONS ACT ] JAIL MANUAL

17. (1) Where :m officer in-charge cf a prison doubts the legality ofa ~arrant er order sent to him for execution under this Part, or the competencv 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 officers 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 ua.der.

18. (I) 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 tcrritory.-

(a) has sentenced any person to death, ancl

(b) being of opinion that !>uch sentence should, by reason of th'!r(" b!'ing in rncb ter!"itory no sec~1re p!?re for the confinement of such person or no suitable appliances for his execution in a decent and human manner, be executed in tl;c St.itc..s lid:; j:,:.Ut\O ;u, w.ur.1111 for the 1:~ulio11 of such sentence to the officer in-charge of a prison in the States such officer shall, on receipt of the warrant, cause the execu- tion to be carried out at such place as may be prescribed thereiTJ in the same manner and subJect to the same condi- tions in all respect!, as if it were a warrant duly issued under the provisions of section 381 of the Code of Criminal Procedure, 1898.

(2) The prisons of which the officer in-charge arc to execute sentences under any such warrants aforesaid shall in such State be such as the State Government may by general or special order direct.

PART V-PERSONS UNDER SENTENCE OF PEN '\L

SERVITUDE

19-27. Repealed by the Criminal Law (Removal of Racial Discrimination) Act, 1949 (No. 17 of 1949). PART VI-REMOVALOF PRlSONERS

28. In this Part, all references to prisons or to imprison- ment or confinement shall be construed a-: referring ali;o to Reformatory Schools or to detention therein.

27

Procedure whtte offic~r in-charge of rrison doubts the legality of warrant

sent to him for cxe- curion under this Pan.

FxCC\ltion in the

States of certain capital scntcnce1 not ordinarily exe-

cutable there. References in this pan ro prisons, etc. to be construed as

referring also to Reformatory

S. hoolo.

8

Remonl of priso-

a.en.

Lunatic prisoners how to be dealt

with.

JAIL MANUAL [ PRISONS ACT

29. (1) The- Sr:ot.- G0vern.mer.t m::y, bv gee:-:;! er :;p~dd orde~, provide for the remcval cf any pr~OEer confined ID a pnson-

(a) under sentence of death, or

(b) under, or in lieu of a sentence of imprisonment or

transportation, or

(c) in default ofp2yment ofa fine, or

(d) in default of givirg security for kecpirg the peace or for maiu1..1iuiug gocd behaviour;

to any other pri&on in the State.

(2) Subject to the otders, anc' under the ccvtrol of the State GO\,ernment the Inspector General of Prisons miy, in like manner, provide for rhe removal of any prisoner ccnnncd as .;fon:sa1cl 1u a prii;on iu the State to an.y other priscn in the State.

30. (1) Where it appears to the Stale Governmenc that any person detai~cd or imprisoned u.c.dcr wy order or sentence of any Court is of unsour.d mird1 the State Go, e:rr:mcnr may, by a warrant setting forth the grour:ds of belief that the per- son is of un~ound mind, order his remcval to a lur..atic ll!-vlum or other place of safe cuscody within the State, there to be'kept and treattd as the State Gevernmcnt diiccts durirg the remain- der of the term for \-hich be hz been crdcrcd or Se!.:.tcnccd to be detainect or imprisoned, or, if on the expiratior> cf that

term it is certified by a Medical Officer that it is recessary for the safety of the prisoner or others that he shculd be further detained under medical care or treatment then until he is discharged according to Jaw.

(2) Where it appears to the State Government that the prisoner bas become of sound mir.d, the State Governn,ent shall, by a warrant directed to the person having charge of the prisoner, if still liable to be kept in custody, remar.d him to the prison from ~hich he was removed or to another prison witl1in the State, or, if the prisoner is no longer liable to be kept in custody, order him to be discharged.

(3) The provisions of &eetion 9 of the Lunatic Asylum Act, 1858 shall apply to every person confir.ed in II lunatic asylum under sub-section 0) after the expiration of the term for which he was ordered or sentencecl to be detained or impri- soned; and the time

(4) In ar.y case in which the State Government is com- petent \L'1der sub-section (1) to order the removal of a frisoner

9

PRISONS ACT 1 JAIL MANUAL

to a lunatic asylum or other place of safe custody \'v i1hin the State, the State Government may order hif- rcmo,al to any such asylum or place \';·ithin any c1hu State or \\-ithin any part of India to \.-hich th1~ Act docs not e.xtcr.d by ~giecment with the State Government of such 01ber Srate 2rd the pro- visions of this section respcccirg 1he cusH dt, dt1ent1c.n, re- mand anG discharge of a prisoner removed ur.dcr sub-St:ction

(I) shall, so far a~ they can be made applicable, apply to a prisoner removed under this sub-sec1icn.

31. Removal of prisoners from territoriet, urder one Local Government to territorio udcr u :01hr (Rcpalcd by S-4 and Sch. 111 of the Amending Act, 1903 (1 of 1903).

PART VI-A•

31-A The State Government or any authori1y to \\-hich the State Government may delegate i1s i:;ov:-crs in 1},is b(ralf may, subject to such conditions as m,y be prcscrittd by rules, release temporarily for a period not excccdirg ten days in a year excluding the time required fer iourrcys ai:.d the oays of departure from, and arrival at, the prison, any prisoner \\ho has been sentenced to a term of imprisonment of not less than three years.

(2) The -provisions of sub-section (1) ahaJl not apply to prisoner v.-bo has been classified as an habitual criminl for the purpose of the rules for the time beirg in force lll2dc under the Prisons Act, 1894 and who has more than three previous convictions.

(3) Ne prisoner shall be released under sub-section (1)

unless-

(a) he has, at the time of his release, served cz:e half of his sentence including remissi<,D, or a pericd of not Jess than 2 years of his ~entence, including

remission, 11-hichever is Jes,.

(b) his conduct in pri.an has been gocd; ai:d

(c) t..-elve months have elapsed from rhe date of the expiry of the period of his previous relee.se, if any, under this section.

(4) The period of relezse of a prisoner under sub- section (I) shall not count to\\-ards the total period of his sentence.

31-B. (1) On the expiry of the pericd for v.-bich a priscncr \\-as released under sub-section (I) of Sectkn 31-A h sl:rll surrender himself to the officer in-charge of the prison from ~hich he was released.

•c. P. & Perar (Ar.t IV of 1939) h• a'1ded par, V!-A.31-A O 31-r..

29

Tcmrorary rclcue

of prisoner•. Surrmdcr t) pi sontt afttt relea!e i:criod.

10

30

Penalty.

JAIL MANUAL [ PRISONS ACT

(2) If a prisoner does not surrender bims~If as required b}' sub-section (I), he may be arrested by an} police officer \>t.i bout a warrant and shall be remat.dcd to undergo the un- expired portion of his sentence.

31-C. Any prisoner v.ho docs not surrender himsdf as required by sul>-,ection (1) of sectior. 31-B shall be liable upon conviction co be punished ,vith imprisonment cf eitber dis- cription for a term ~hich may extend to t\Vo years, or with fine or \\-ith both.

PART ·vu-PERSONS UNDER SENTENCE OF TRANS.

Appointment of . 3~. (1) The Sta~e Government may appoint places places for confine- w1th1n the State to \\h1ch oersons under sentence oftranspor- ment of persons ration shall be sent; and th~ State Government or some ofbcer under sentence of h • . . hall

transportation anj duly aut onsed 1n this behalfb y the State Government, s removal there-to. give orders for the removal of such person to the places so appointed, except \>.hen sentence of transportat ilf is p..sstd on :. person already undergoir.g transportaticn ur..dcr a sen- tence previously passed for another offence.

(2) In any case in "hi::h the State Goverrmcnt :s com- petent under sub-section ( 1) to appoint places "itliit. tbe State ::nd to order tl1e removal there! o of persons under se1:.- tence of transportation, the State Gcverr..mcnt rnry apFoint such places in any other State by ::.grcement with the State Go~emment c,f that State, and may be like agreement give orders or culy authorise some officer to give orders for the removal thereto of such persons.

PART VIII-DISCHARGE OF PRISONERS

33. Any High Court may in any case in ,.bich it has !::;,b;~rJ~':'~r recommended to Gov~rn~ent the gra~ung of f17e pardon High ourt ofpri- to a'ly prisoner, permit him to be at liberty on his O\\n re- son.:r r comm!n• cognizance.

ded for pardon.

R~peals.

• PART IX-PROVISIONS FOR kEQUIRING THE ATTENDANCE OF PRISONERS AND O½TAINING

THEIR EVIDENCE

34-52. Repealed by the Prise.nets (Attcr.drnce in Courts) Act, 1955 (32 of 1955).

53. Repealed by the Repealirg ~nd Amenclirg Act, 1914 (10 of 1914).

The First Schedule-Repcakd by the Prisoners (Attendance in Courts) Act, 1955 (32 of 1955).

The Secor-d Schecule-Rcpealcd by Secticr 10 ibid. The Third Schcdulc-Rcpecl RcpealiJ:g and

Amending Act, 1914 (IO of 1914) ._

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"

" "

12

i ii

13

CHHATTISGARH ACT

(No. 10 of 2021)

THE PRISONERS (CHHATTISGARH AMENDMENT) ACT, 2021

An Act further to amend the Prisoners Act, 1900 (No. 3 of 1900) in its application to the State of Chhattisgarh.

Be it enacted by the Chhattisgarh Legislature in the Seventy Second Year of the Republic of India, as follows :-

1. (1) This Act may be called the Prisoners (Chhattisgarh Amendment) Act,

2021.

(2) It shall come into force from the date of its publication in the Official Gazette.

2. The Prisoners Act, 1900 (No. 3 of 1900), (hereinafter referred to as the Principal Act) in its application to the State of Chhattisgarh be amended in the manner hereinafter provided.

3. In Section 31-A of the Principal Act,-

(i) in sub-section (1), for the words "twenty one", the words "forty two"

shall be substituted.

(ii) in sub-section (3),-

(a) in clause (i), for the word "two", the word "three" shall be substituted; and

(b) in clause (ii), for the word "ten", the word "fourteen" shall be substituted.

Short title and

commencement.

Amendment of Pris-

oners Act, 1900

(Central Act No. 3 of

1900), in its applica-

tion to the State of

Chhattisgarh.

Amendment of

Schedule 31-A.

14