The Gujarat Repatriated Prisoners Act, 1949

Bombay Repatriated prisoners Act,1949 
1949 : Bom . XXVII] 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
GOVERNMENT OF GUJARAT 
 
 
 
 
 
 
 
 
 
LEGISLATIVE PARLIAMENTARY AFFAIRS DEPARTMENT 
BOMBAY ACT NO. XXVII OF 1949 
The Bombay Repatriated Prisoners Act, 1949 
 
 
 
 
 
(As modified upto the 31st December, 2007) 
  
Bombay Repatriated prisoners Act,1949 
1949 : Bom . XXVII] 
THE BOMBAY REPATRIATED PRISONERS ACT, 1949. 
.................................... 
CONTENTS 
PREAMBLE. PAGE 
 NO. 
SECTIONS 
1. Short title, extent and commencement. 1 
2. Definitions.   1 
3. Custody and removal of repatriated prisoners. 
4. Convicted prisoners. 
5. Prisoners undergoing trial before repatriation. 
6. Prisoners repatriated while in police custody. 
7. Delegation of powers. 
8. Powers of Provincial Government in relation to prisoners 
 detained for reasons of security. 
9. Jurisdiction of the High Court. 
10. Powers of Provincial Government to suspend, remit or 
 commute sentences. 
11. Lawfulness of custody and retaking upon escape. 
12. Powers to make rules. 
Bombay Repatriated prisoners Act,1949 
1949 : Bom . XXVII] 
BOMBAY ACT No. XXVII OF 1949.1 
[THE BOMBAY REPATRIATED PRISONERS ACT, 1949.] 
[1st June 1949] 
An Act to provide for the reception detention and trial of prisoners transferred from Pakistan 
to the Province of Bombay. 
WHEREAS it is expedient to provide for the reception, detention and trial of prisoners transferred 
from Pakistan to the Province of Bombay ; It is hereby enacted as 
follows :– 
1. (1) This Act may be called the Bombay Repatriated Prisoners Act, 1949.  
 (2) It extends to the whole of the Province of Bombay. 
 (3) It shall come into force on such date as the Provincial Government may, by 
notification in the Official Gazette, appoint in this behalf. 
2. In this Act, unless there is anything repugnant in the subject or context - 
 (a) “prison” includes a central, district  or subsidiary jail or judicial lock -up, and 
every place which is used as a place of detention for persons who have been 
arrested or detained under any law for the time being in force ; 
 (b) “prisoner” includes every person who is detained in a prison by o rder of a 
competent authority not being a Civil Court ; 
 (c) “repatriated prisoner” means a prisoner who being in custody in a prison or 
other place of detention in Pakistan has been conveyed and delivered by a duly 
authorised officer to any officer of this Province. 
3. The Provincial Government may, by general or special order, specify the place at which 
and, either by name or designation, the officer by whom, custody of a repatriated 
prisoner, together with any article or records which may have been sent along with him, 
shall be received and the prison to which he is to be removed, and the officer in charge 
of such prison shall thereupon receive such prisoner and any article or records which 
may be produced along with him. 
4. The officer in charge of the prison shall detain in custody a repatriated prisoner who, 
before his repatriation, was a convict undergoing a sentence in a prison-  
 (a) according to the tenor of the warrant, writ or orde r of commitment to prison, it 
any, relating to such prisoner, or 
 (b) failing such warrant, writ or order as aforesaid in accordance with the order of 
the Provincial Government. 
5. (1) The Provincial Governme nt may by order direct any Court, other than the High 
Court, to enquire into or try any case which may have 
been pending against a repatriated prisoner immediately before his 
repatriation : 
Provided that- 
  (a) the offence charged against such prisoner is also an offence under the 
law in force in the Province ; and 
  (b) such Court would have been competent to try such offence if it had 
been committed within the local limits of its jurisdiction. 
 (2) On the making of an order under sub- section (1), the Court specified in the 
order shall proceed to enquire into or cry such case according to law, as if the 
offence to which it related had been committed within the local limits of its 
jurisdiction, and all the provisions of the Code of Criminal Proc edure, 1898, and 
of all other laws in force in this Province shall, so far as may be, apply to such 
proceedings. 
 (3) In any proceedings under sub- section (2), all evidence, both oral and 
documentary, which has been duly receive d in the proceedings against the 
repatriated prisoner held prior to his repatriation, or the copies of such 
evidence certified under section 76 of the Indian Evidence Act, 1872, may be 
treated as evidence in the case for all purposes subject to the provisi ons of the 
Indian Evidence Act, 1872. 
6. (1) The Provincial Government may by order in respect of any repatriated prisoner 
who, immediately before repatriation, was held under arrest or detention in 
police cus tody during or after completion of a police investigation, specify a 
Short title,extent 
and 
commencement. 
Definitions. 
Custody and 
removal or 
repatriated 
prisoner. 
Convicted a 
prisoners. 
Prisoners 
undergoing trial 
before 
repatriation. 
V of 1898. 
I of 1872.       
I of 1872. 
Prisoners 
repatriated while 
in police custody. 
Bombay Repatriated prisoners Act,1949 
1949 : Bom . XXVII] 
Presidency Magistrate or Magistrate of the first class, as the case may be, who 
shall have and exercised jurisdiction for the purposes of this section.  
 (2) Every repatriated prisoner in respect of whom an order has been made under 
sub-section (1) shall be produced without delay before the Magistrate specified 
in the order and such Magistrate may take cognizance of any offence that such 
repatriated prisoner may be reported by a police offi cer to have committed 
and may grant him bail. 
 (3) Where the repatriation was effected before completion of the police 
investigation or the Magistrate is of the opinion that the evidence is deficient, 
the repatriated prisoner shall be released upon his ent ering into a bond, with 
or without sureties, as the Magistrate may direct, to appear if and when so 
required, and in the meantime the Magistrate may order such further enquiry 
into the substance of the allegations as he thinks fit. 
 (4) In every case falling under sub-section (3), the Magistrate may, if he is satisfied 
at any stage that there is no prospect of securing sufficient evidence to justify 
commencement of proceedings against the repatriated prisoner, direct that 
such prisoner be discharged from his bond. 
7. The Provincial Government may by order direct that the powers conferred on it by 
section 3, 4, 5 or 6 shall be also exercisable by such officer or authority and in such 
circumstances and under such conditions, if any, as may be specified in the order.  
8. In relation to any repatriated prisoner whose detention immediately before his 
repatriation had been ordered under any law authorisi ng preventive detention for 
reasons connected with the maintenance of public order, the Provincial Government 
shall have the same power in respect of extension or reduction of the term of detention 
as it possesses in relation to persons detained under sect ion 2 of the Bombay Public 
Security Measures Act, 1947. 
9. The High Court shall have, in relation to a repatriated prisoner, the same jurisdiction 
which is had in relation to a person who has been arrested or detained withi n the limits 
of its appellate jurisdiction in the same circumstances in which such prisoner was 
arrested or detained immediately before his repatriation. 
10. The Provincial Government s hall have to same powers to suspend, remit or commute a 
sentences of punishment awarded to a repatriated prisoner whether before or after his 
repatriation, as it possesses in relation to persons who have been sentenced in the 
Province for offences committed within the Province. 
11. It shall be lawful for any officer to whom an order under section 3 or sub section 4 is 
directed to receive, to hold in custody, convey and deliver the repatriated prisoner, 
named in the order as directed therein and if any such prisoner, escaped out of any 
custody to which he may be delivered in pursuance of the order, he may be retaken as a 
person accused or convicted of an offence may be retaken upon an escape.  
12. The Provincial Government may, by notification in the Official Gazette, make rules to 
carry out the purposes of this Act. 
--------------- 
1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1949, Part V, page 
66. 
 
Delegation of 
powers. 
Power of 
Provincial 
government in 
relation to 
prisoners 
detained for 
reasons of 
security. 
Jurisdiction of the  
High Court. 
Powers of 
Provincial 
Government to 
suspend,remit or 
commute 
sentences. 
Lawfulness of 
custody and 
retaking upon 
escape.. 
Powers to make 
rules. 

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