LexThe Prisoners Act, 1900
Chhattisgarh · state statute
Open in Lexace · Ask the AI about this act20 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<d in r-urstff<C of ~arr~nt
of High Court or Civil Court in Presidency Town.
PART IV-PRISONERS OUTSIDE THE PRESIDENCY
TOWNS
14. References in this Part to prisons, etc., to be construed
as referring also to Refornuitory Schools.
...
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19-27 (Repealed)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 (Repealed)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 (Attendan ce 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~
,
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<d to bis custody, under this
act or other\\ise by any Court, according to the exigency of
any \\rit, warra'lt or order by which such person has been
committed, or un1il such person is discharged or removed
in due course of law.
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.
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 Sup crinterdent 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.
14. In this part all refercllces to prisons or to imprison
ment or confinement shall be construed as referring also to
Reformatory Schools or to detention therein.
J 5. (I) Officers in-charge of prisons cutside the Presidency
towns may give effect to any sentence or order or warrant fer
the detention of 11ny person passed or issued-
(a) by any Court er tribunal actin;;, v..hether "'ithin
Custody pending
hearing by High
C01.nundc:rscction
350 of the Code of
Ci,·il Procedure of
application for in
solvency.
Delh·ery cf rcrsons
arrested in pursua
nc.: of warrant of
HirhC ourtorCivil
Court in Presidency
town.
References in dm
pan to prisona, ea:..
to be consttUC:! aa
rcfcrrinaalso to Re,,
fotnatory Schools.
Power for officers
in-charge of prisons
to give effect to
sentences of certain
Coutts.
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.
j
..
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.
Remonl of priso
a.en.
Lunati c 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 Insp ector 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 <luring ..-hich a prisc,ner is ccufi.ncd in a
lunatic asvlum under that sub-section shall be reckoned as
part of the term of detentio11 or imprisonment which he may
have been ordrrec' or semenced by the Court to unc.ler.;o.
(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
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.
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-R epcakd by the Prisoners (Attendance
in Courts) Act, 1955 (32 of 1955).
The Secor-d Schecule-Rcpealcd by Secticr 10 ibid.
The Third Schcdulc-Rcpecl<d by the RcpealiJ:g and
Amend ing Act, 1914 (IO of 1914)
._
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“
“
”
i
ii
CHHA TTISGARH ACT
(No. 10 of 2021)
THE PRISONERS (CHHA TTISGARH 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.