Updated: Sunday June 12, 2011/AlAhad
Rajab 11, 1432/Ravivara
Jyaistha 22, 1933, at 09:37:47 AM
The Prisoners’ Act, 1900
(Punjab
Act III of 1900)
C O N T E N T S
PART
— I
PRELIMINARY
Sections
1. Short title and extent.
2. Definitions.
PART
II
GENERAL
3. Officers incharge of prisons to detain
persons duly committed to their custody.
4. Officers incharge of prisons to return
writs, etc., after execution or discharge.
PART III
[PRISONER IN THE PRESIDENCY-TOWNS]
[Omitted]
PART IV
EXECUTION OF SENTENCES
14. References in this Part to prisons,
etc., to be construed as referring also to Reformatory Schools.
15. Power for officers incharge of prisons
to give effect to sentences of certain Courts.
16. Warrant of officer of such Court to be
sufficient authority.
17. Procedure where officer incharge of
prison doubts the legality of warrant sent to him for execution under this
Part.
18. Execution in the Provinces, etc., of
certain capital sentences not ordinarily executable there.
PART V
[PERSONS UNDER SENTENCE
OF
PENAL SERVITUDE]
[Omitted]
PART VI
REMOVAL OF PRISONERS
28. References in this Part to prisons,
etc., to be construed as referring also to Reformatory Schools.
29. Removal of prisoners.
30. Lunatic prisoners how to be dealt with.
31. [Repealed]
PART VII
PERSONS UNDER SENTENCE
OF
TRANSPORTATION
32. Appointment 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 Court, of prisoner recommended for pardon.
PART IX
PROVISIONS FOR REQUIRING THE
ATTENDANCE
OF PRISONERS AND
OBTAINING
THEIR EVIDENCE
Attendance of prisoners in
court
34. References in this Part to prisons,
etc. to be construed as referring also to Reformatory Schools.
35. Power for
36. District Judge in certain cases to
countersign orders made under section 35.
37. Power for certain Criminal Courts to
require attendance of prisoner to give evidence or answer to charge.
38. Order to be transmitted through
Magistrate of the district or sub-division in which person is confined.
39. Procedure where removal is desired of
person confined more than one hundred miles from place where evidence is
required.
40. Persons confined beyond limits of
appellate jurisdiction of High Court.
41. Prisoner to be brought up.
42. Power to Government to exempt certain
prisoners from operation of this Part.
43. Officer incharge of prison when to
abstain from carrying out order.
Commissions for examination of
prisoners
44. Commissions for examination of
prisoners.
45. Commissions for examination of
prisoners beyond limits of appellate jurisdiction of High Court.
46. Commission how to be directed.
Service of process on prisoners
47. Process how served on prisoners.
48. Process served to be transmitted at
prisoner's request.
Miscellaneous
49. [Repealed]
50. Deposit of costs.
51. Power to make rules under this Part.
52. Power to declare who shall be deemed
officer incharge of prison.
53. [Repealed]
THE FIRST SCHEDULE
THE SECOND SCHEDULE
THE THIRD SCHEDULE [Repealed]
[1][1]The Prisoners’ Act, 1900
(Act III of
1900)
[2 February 1900]
An
Act to consolidate the law relating toprisoners confined by order of a Court
WHEREAS it is expedient to consolidate the
law relating to prisoners confined by order of a Court;
It
is hereby enacted as follows:---
PART
I
PRELIMINARY
1. Short title and extent.— (1) This Act may be called the Prisoners’
Act, 1900;
[2][2][(2) It
extends to the whole of
[3][3][(3) * * *
* * * * * * * * *]
2. Definitions.— In this Act, unless there is anything
repugnant in the subject or context,—
(a) “Court”
includes a Coroner and any officer lawfully exercising civil, criminal or
revenue jurisdiction; and
(b) “prison”
includes any place which has been declared by the [4][4][Provincial Government], by general or
special order, to be a subsidiary jail.
PART
II
GENERAL
3. Officers incharge of prisons to detain
persons duly committed to their custody.— The officer incharge of a prison shall receive and detain all persons
duly committed to his custody, under this Act or otherwise, by any Court,
according to the exigency of any writ, warrant or order by which such person
has been committed, or until such person is discharged or removed in due course
of law.
4. Officers incharge of prisons to return
writs, etc., after execution or discharge.— The officer incharge of a prison shall forthwith, after the execution
of every such writ, order or warrant as aforesaid other than a warrant of
commitment for trial, or after the discharge of the person committed thereby,
return such writ, order or warrant to the Court by which the same was issued or
made, together with a certificate, endorsed 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].
Omitted
by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of
1949), Schedule.
PART
IV
[5][5][EXECUTION
OF SENTENCES]
14. References in this Part to prisons, etc., to
be construed as referring also to Reformatory Schools.— 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.
15. Power for officers incharge of prisons to
give effect to sentences of certain Courts.— (1) Officers in charge of prisons
[6][6][* * *] may give effect to any sentence or
order or warrant for the detention of any person passed or issued—
(a) by any court or tribunal acting, whether
within or without [7][7][the Provinces [8][8][* * *], under the general or special authority of [9][9][the [10][10][Federal Government], or of any Provincial
Government, or of the Government of Burma] [11][11][or of any Court or tribunal which was before the
twenty-third day of March, 1956, acting under the general or special authority
of Her Majesty, or of the Crown Representative]; or
(b) by
any Court or tribunal in [12][12][any
(i) if the presiding Judge, or if the Court or
tribunal consists of two or more Judges, at least one of the Judges, is an
officer of the [13][13][Government] authorised to sit as such Judge [14][14][by the State or the Ruler thereof] or by [15][15][the [16][16][Federal Government] or the Crown
Representative], and
(ii) if the reception, detention or imprisonment [17][17][* * *] in any provinces [18][18][* * *] of persons sentenced by any such Court or
tribunal has been authorised by general or special order by [19][19][* * *] the [20][20][Provincial Government] [21][21][* * *]; or
(c) by any other Court or tribunal [22][22][in any
[25][25][Provided that effect shall not be given to any
sentence or order or warrant for detention passed or issued by any Court or
tribunal in
(2) Where a Court or tribunal of such a [26][26][Ruler] or State has passed a sentence which
cannot be executed without the concurrence of an officer of the [27][27][Government] and such sentence has been
considered on the merits and confirmed by any such officer specially authorised
in that behalf, such sentence, and any order or warrant issued in pursuance
thereof, shall be deemed to be the sentence, order or warrant of a Court or
tribunal acting under the authority of [28][28][the [29][29][Federal Government] or the Crown
Representative].
16. Warrant of officer of such Court to be
sufficient authority.— 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 of the sentence passed upon him.
17. Procedure where officer incharge of prison
doubts the legality of warrant sent to him for execution under this Part.— (1) Where an officer incharge of a prison
doubts the legality of a warrant or order sent to him for execution under this
Part, or the competency 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 [30][30][Provincial 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 order.
18. Execution in
the Provinces, etc., of certain capital sentences not ordinarily executable
there.—
(1) Where a [31][31][Court established by the authority of the [32][32][Federal Government]] exercising, in or with
respect to territory beyond the limits of [33][33][the Provinces [34][34][* * *]], jurisdiction which [35][35][the [36][36][Government]] has in such territory,—
(a) has
sentenced any person to death, and,
(b) being of opinion that such sentence should,
by reason of there being in such territory no secure place for the confinement
of such person or no suitable appliances for his execution in a decent and
humane manner, be executed in [37][37][the Provinces
[38][38][* * *]], has issued its warrant for the execution
of such sentence to the officer incharge of a prison in [39][39][the Provinces [40][40][* * *]],
such officer shall, on receipt of the
warrant, cause the execution to be carried out at such place as may be
prescribed therein in the same manner and subject to the same conditions in all
respects as if it were a warrant duly issued under the provisions of section
381 of the Code of Criminal Procedure, 1898[41][41].
(2) The prisons of which the officers
incharge are to execute sentences under any such warrants as aforesaid [42][42][shall in each Province be such as the
Provincial Government] may, by general or special order, direct.
(3) A Court
shall be [43][43][deemed, for the purposes of this section, to be a
Court established by the [44][44][Federal Government]] if the presiding Judge, or
if the Court consists of two or more Judges, at least one of the Judges, is an
officer of the [45][45][Government] authorised to act as such Judge [46][46][by any Acceding State] or the Ruler thereof or
the [47][47][Federal Government]:
Provided
that every warrant issued under this sub-section by any such tribunal shall, if
the tribunal consists of more than one Judge, be signed by a Judge who is an
officer of the [48][48][Government] authorised as aforesaid.
PART V
[PERSONS UNDER SENTENCE OF PENAL SERVITUDE]
Omitted
by the Criminal Law (Extinction of Discriminatory Privileges Act, 1949) (II of
1950), Schedule.
PART
VI
REMOVAL
OF PRISONERS
28. References in this Part to prisons, etc., to
be construed as referring also to Reformatory Schools.— 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.
[49][49][29. Removal of prisoners.— (1) The [50][50][Provincial 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, [51][51][* * *],
(d) in default of giving security for keeping the
peace or for maintaining good behaviour,
[52][52][(e) unconvicted
criminal prisoners],
to any other prison in [53][53][the province, or, with the consent of the
Provincial Government concerned, to any prison in [54][54][the other Province]], [55][55][or, with the consent of the [56][56]Central Government] to any prison maintained [57][57][by it or under its authority] in any part of [58][58][
[59][59][(2) Subject
to the orders, and under the control of the Provincial Government the Director
of Prisons may, in the like manner provide for the removal of any prisoner confined
as aforesaid in a prison situate in the area for which he is appointed to any
of the prison in such area].
[60][60][(3) The [61][61]Central Government may, by general or special
order, provide for the removal of any prisoner or class of prisoners confined
in any prison to any other prison in Pakistan maintained by or under the
authority of the [62][62]Central Government or of a Provincial Government
with the consent [63][63][* * *] of the Provincial Government concerned].
30. Lunatic prisoners how to be dealt with.— Where it appears to the [64][64][Provincial Government] that any person
detained or imprisoned under any order or sentence of any Court is of unsound
mind, the [65][65][Provincial 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
province, there to be kept and treated as the [66][66][Provincial 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 [67][67][Provincial Government] that the prisoner has
become of sound mind, the [68][68][Provincial Government] shall, by a warrant
directed 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 Province, or, if the prisoner is no longer liable to
be kept in custody, order him to be discharged.
(3) The provisions of section 9 of the
Lunatic Asylums Act, 1858[69][69], 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.
[70][70][(4) In
any case in which the [71][71][Provincial 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 Province, the [72][72][Provincial Government] may order his removal
to any such asylum or place within [73][73][the other Province] or within [74][74][any Acceding State] by agreement with the [75][75][Provincial Government] of such other
Province or with [76][76][such State or the Ruler thereof], as the
case may be; and the provisions of this section respecting the custody,
detention remand and 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].
31. [Removal of prisoners from territories under
one Local Government to territories under another]. Repealed by the Amending
Act, 1903 (I of 1903),section 4 and Schedule III.
PART VII
PERSONS UNDER SENTENCE OF TRANSPORTATION
32. Appointment of places for confinement of
persons under sentence of transportation and removal thereto.— [77][77][(1)] The [78][78][Provincial Government] may appoint places
within [79][79][the Province] to which persons under
sentence of transportation shall be sent; and the [80][80][Provincial Government], or some officer duly
authorised in this behalf by the [81][81][Provincial Government], shall give orders
for the removal of such persons to the places so appointed, except when
sentence of transportation is passed on a person already undergoing
transportation under a sentence previously passed for another offence.
[82][82][(2) In any
case in which the [83][83][Provincial Government] is competent under
sub-section (1) to appoint places within the Provinces and to order the removal
thereto of persons under sentence of transportation, the [84][84][Provincial Government] may appoint such places in
[85][85][the other Province] by agreement with the [86][86][Provincial Government] of that Province and may
by like agreement give orders or duly authorise some officer to give orders for
the removal thereto of such persons].
PART
VIII
DISCHARGE
OF PRISONERS
33. Release, on recognizance, by order of High
Court, of prisoner recommended for pardon.— [87][87][A High Court], may, in any case in which it
has recommended to [88][88][the President] the granting of a free pardon
to any prisoner, permit him to be at liberty on his own recognizance.
PART
IX
PROVISIONS
FOR REQUIRING THE ATTENDANCE OF PRISONERS AND OBTAINING THEIR EVIDENCE
Attendance
of prisoners in court
34. References in this Part to prisons, etc. to
be construed as referring also to Reformatory Schools.— 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.
35. Power for Civil Courts to require appearance
of prisoner to give evidence.—
Subject to the provisions of section 39, any Civil Court may, if it thinks that
the evidence of any person confined in any prison within the local limits of
its appellate jurisdiction, if it is a High Court, or, if it is not a High
Court, then within the local limits of the appellate jurisdiction of the High
Court to which it is subordinate, is material in any matter pending before it,
make an order in the form set forth in the first schedule, directed to the
officer incharge of the prison.
36. District Judge in certain cases to
countersign orders made under section 35.— (1) Where an order under section 35 is made in any civil matter
pending—
(a) in a Court subordinate to the District
Judge, or
(b) in a Court of Small Causes [89][89][* * *],
it shall not be forwarded to the officer to
whom it is directed, or acted upon by him, until it has been submitted to, and
countersigned by,—
(i) the District Judge to which the Court is subordinate, or
(ii) the District Judge within the local limits of whose jurisdiction
the Court of Small Causes is situate.
(2) Every order submitted to the District Judge
under sub-section (1) shall be accompanied by a statement, under the hand of
the Judge of the subordinate Court or Court of Small Causes, as the case may
be, of the facts which in his opinion render the order necessary, and the
District Judge may, after considering such statement, decline to countersign
the order.
37. Power for
certain Criminal Courts to require attendance of prisoner to give evidence or
answer to charge.— Subject to the provisions of section 39, any Criminal Court may, if it
thinks that the evidence of any person confined in any prison within the local
limits of its appellate jurisdiction, if it is a High Court, or, if it is not a
High Court, then within the local limits of the appellate jurisdiction of the
High Court to which it is subordinate, is material in any matter pending before
it, or if a charge of an offence against such person is made or pending, make
an order in the form set forth in the first or second schedule, as the case may
be, directed to the officer incharge of the prison:
Provided
that if such Criminal Court is inferior to the Court of a Magistrate of the
first class, the order shall be submitted to, and countersigned by, the [90][90][Sessions Judge] to whose Court such Criminal Court is subordinate or within the local
limits of whose jurisdiction such Criminal Court is situated.
38. Order to be transmitted through Magistrate
of the district or sub-division in which person is confined.— Where any person, for whose attendance an
order as in this Part provided is made, is confined in any district other than
that in which the Court making or countersigning the order is situate, the
order shall be sent by the Court by which it is made or countersigned to the [91][91][Sessions Judge or] Magistrate within the local limits of whose jurisdiction the person is
confined, and that [92][92][Court] shall cause it to be delivered to the officer incharge of the prison in
which the person is confined.
39. Procedure where removal is desired of person
confined more than one hundred miles from place where evidence is required.— (1) Where a person is confined [93][93][* * *] in a prison more than one hundred
miles distant from the place where any Court, subordinate to a High Court, in
which his evidence is required, is held, the Judge or presiding officer of the
Court in which the evidence is so required shall, if he thinks that such person
should be removed under this Part for the purpose of giving evidence in such
Court, and if the prison is within the local limits of the appellate
jurisdiction of the High Court to which such Court is subordinate, apply in
writing to the High Court, and the High Court may, if it thinks fit, make an
order in the form set forth in the first schedule, directed to the officer
incharge of the prison.
(2) The High Court making an order under
sub-section (1) shall send it to the [94][94][Sessions Judge or] Magistrate within the local limits of whose jurisdiction the person
named therein is confined,
[95][95][* * *] and such [96][96][Court] [97][97][* * *] shall cause it to be delivered to the
officer incharge of the prison in which the person is confined.
40. Persons confined beyond limits of appellate
jurisdiction of High Court.—
Where a person is confined in a prison beyond the local limits of the appellate
jurisdiction of a High Court, any Judge of such Court may, if he thinks that
such person should be removed under this Part for the purpose of answering a
charge of an offence or of giving evidence in any criminal matter in such Court
or in any Court subordinate thereto; apply in writing to the [98][98][Provincial Government] of the territories
within which the prison is situate, and the [99][99][Provincial Government] may, [100][100][* * *] direct that the person be so removed,
subject to such rules regulating the escort of prisoners as the [101][101][Provincial Government] may prescribe.
41. Prisoner to be brought up.— Upon delivery of any order under this Part
to the officer incharge of the person in which the person named therein is
confined, that officer shall cause him to be taken to the Court in which his
attendance is required , so as to be present in the Court at the time in such
order mentioned, and shall cause him to be detained in custody in or near the
Court until he has been examined or until the Judge or presiding officer of the
Court authorises him to be taken back to the prison in which he was confined.
42. Power to Government to exempt certain
prisoners from operation of this Part.— [102][102][* * *] The [103][103][Provincial Government] may, by notification
in [104][104][* * *] the [105][105][Official Gazette], [106][106][* * *] direct that any person or any class
of persons shall not be removed from the prison in which he or they may be
confined; and thereupon, and so long as such notification remains in force, the
provisions of this Part, other than those contained in sections 44 to 46, shall
not apply to such person or class of persons.
43. Officer incharge of prison when to abstain
from carrying out order.— In
any of the following cases, that is to say,—
(a) where
the person named in any order made under section 35, section 37 or section 39
appears to be, from sickness or other infirmity, unfit to be removed, the
officer incharge of the prison in which he is confined, shall apply to the [107][107][Sessions Judge or] Magistrate within the local limits of whose jurisdiction the prison is
situate, and if such [108][108][Court], by writing under his hand, declares himself to be of opinion that the
person named in the order is, from sickness or other infirmity, unfit to be removed;
or
(b) where
the person named in any such order is under committal for trial; or
(c) where
the person named in any such order is under a remand pending trial or pending a
preliminary investigation; or
(d) where
the person named in any such order is in custody for a period which would
expire before the expiration of the time required for removing him under this
Part and for taking him back to the prison in which he is confined;
the officer incharge of the prison shall
abstain from carrying out the order, and shall send to the Court from which the
order has been issued a statement of the reason for so abstaining;
Provided
that such officer as aforesaid shall not so abstain where—
(i) the order has been made under section 37; and
(ii) the person named in the order is confined
under committal for trial, or under a remand pending trial or pending a
preliminary investigation, and does not appear to be, from sickness or other
infirmity unfit to be removed; and
(iii) the place, where the evidence of the person
named in the order is required, is not more than five miles distant from the
prison in which he is confined.
Commissions for examination of prisoners
44. Commissions for examination of prisoners.— In any of the following cases, that is to
say,—
(a) where
it appears to any Civil Court that the evidence of a person confined in any
prison within the local limits of the appellate jurisdiction of such Court, if
it is a High Court, or if it is not a High Court, then within the local limits
of the appellate jurisdiction of the High Court to which it is subordinate,
who, for any of the causes mentioned in section 42 or section 43, cannot be
removed, is material in any matter pending before it; or
(b) where
it appears to any such Court as aforesaid that the evidence of a person
confined in any prison so situate and more than ten miles distant from the
place at which such Court is held, is material in any such matter; or
(c) where
the District Judge declines, under section 36, to countersign an order for removal;
the Court may, if it thinks fit, issue a
commission, under the provisions of the Code of Civil Procedure[109][109], for the examination of the person in the
prison in which he is confined.
45. Commissions for examination of prisoners
beyond limits of appellate jurisdiction of High Court.— Where it appears to a High Court that the
evidence of a person confined in a prison beyond the local limits of its
appellate jurisdiction is material in any civil matter pending before it or
before any Court subordinate to it, the High Court may, if it thinks fit, issue
a commission under the provisions of the Code of Civil Procedure[110][110], for the examination of the person in the
prison in which he is confined.
46. Commission
how to be directed.— Every commission for the examination of a person issued
under section 44 or section 45 shall be directed to the District Judge within
the local limits of whose jurisdiction the prison in which the person is
confined is situated, and the District Judge shall commit the execution of the
commission to the officer incharge of the prison, or to such other person as he
may think fit.
Service of process on prisoners
47. Process how served on prisoners.— When any process directed to any person
confined in any prison is issued from any Criminal or Revenue Court, it may be
served by exhibiting to the officer incharge of the prison the original of the
process and depositing with him a copy thereof.
48. Process served to be transmitted at
prisoner’s request.— (1)
Every officer incharge of a prison upon whom service is made under section 47
shall, as soon as may be, cause the copy of the process deposited with him to
be shown and explained to the person to whom it is directed, and shall
thereupon endorse upon the process and sign a certificate to the effect that
such person as aforesaid is confined in the prison under his charge and has
been shown and had explained to him a copy of the process.
(2) Such certificate as aforesaid shall be prima facie evidence of the service of
the process, and, if the person to whom the process is directed requests that
the copy shown and explained to him be sent to any other person and provides
the cost of sending it by post, the officer incharge of the prison shall cause
it to be so sent.
Miscellaneous
49. [Application of Part in certain cases].
Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4
of 1949), Schedule.
50. Deposit of costs.— No order in any civil matter shall be made
by a Court under any of the provisions of this Part until the amount of the
costs and charges of the execution of such order (to be determined by the
Court) is deposited in such Court:
Provided
that, if upon any application for such order it appears to the Court to which
the application is made, that the applicant has not sufficient means to meet
the said costs and charges, the Court may pay the same out of any fund
applicable to the contingent expenses of such Court, and every sum so expended
may be recovered by the [111][111][Provincial Government] from any person
ordered by the Court to pay the same, as if it were costs in a suit recoverable
under the [112][112]Code of Civil Procedure 1882.
51. Power to make rules under this Part.— (1) The [113][113][Provincial Government] [114][114][* * *] may make rules—
(a) for
regulating the escort of prisoners to and from Courts in which their attendance
is required and for their custody during the period of such attendance;
(b) for
regulating the amount to be allowed for the costs and charges of such escort;
and
(c) for
the guidance of officers in all other matters connected with the enforcement of
this Part.
(2) All rules made under sub-section (1)
shall be published in the [115][115][official Gazette] [116][116][* * *] and shall, from the date of such
publication, have the same force as if enacted by this Act.
52. Power to declare who shall be deemed officer
incharge of prison.— The [117][117][Provincial Government] may declare what
officer shall, for the purposes of this Part, be deemed to be the officer
incharge of a prison.
53. [Repeals] Repealed by the Repealing and Amending Act, 1914 (X of 1914), section 3
and Schedule II.
THE
FIRST SCHEDULE
(See section
35 and 37)
Court
of ______________________________________________
To
the officer incharge of the______________________________
(state name of prison).
You
are hereby required to produce _________, now a prisoner in _________, under
safe and sure conduct before the Court of ________ at _______ on the ________
day of __________ next by _________ of the clock in the forenoon of the same
day, there to give evidence in a matter now pending before the said Court, and
after the said _______ has then and there given his evidence before the said
Court or the said Court has dispensed with his further attendance, cause him to
be conveyed under safe and sure conduct back to the prison.
The _____________________ day of ________________________
A.B.
(Countersigned) C.D.
THE SECOND SCHEDULE
(See section
37)
Court
of ______________________________________________
To
the officer incharge of the______________________________
(state name of prison).
You
are hereby required to produce _________, now a prisoner in _________, under
safe and sure conduct before the Court of ________ at _______ on the ________
day of __________ next by _________ of the clock in the forenoon of the same
day, there to answer a charge now pending before the said Court, and after such
charge has been disposed of or the said Court has dispensed with his further attendance,
cause him to be conveyed under safe and sure conduct back to the said prison.
The _____________________ day of ________________________
A.B.
(Countersigned) C.D.
[THE
THIRD SCHEDULE]. Repealed by the Repealing and Amending Act, 1914 (X of 1914),
section 3 and Schedule II.
[1][1]For statement of objects and
reasons, see Gazette of India, 1899,
Pt. V, p. 101; for report of the Select Committee, see ibid., 1900, p. 23; for proceedings in Council, see ibid., 1899, Pt. VI, pp. 102 and
242; ibid., 1900, p. 21.
[2][2]Substituted by the Central
Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd
Schedule, (with effect from the 14th October, 1955), for the original
sub-section (2) as amended by the Repealing and Amending Act, 1914 (X of 1914),
the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949),
and the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951).
[3][3]Sub-section (3) repealed by
the Repealing and Amending Act, 1914 (X of 1914), section 3 and Schedule II.
[4][4]Substituted by the Government
of
[5][5]Substituted
by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949),
Schedule, for the original heading “PRISONERS OUTSIDE THE PRESIDENCY-TOWN”.
[6][6]The words “outside the
Presidency-towns”, omitted, ibid.
[7][7]Substituted the Adaptation of
Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3(2) and 4, for “
[8][8]The words “and the [Federal
Territory of Karachi],” omitted by the Central Adaptation of Laws Order, 1964
(P.O. 1 of 1964), Article 2 and Schedule the words in crotchets were
substituted by the Repealing and Amending Ordinance, 1961 (I of 1961), section
3 and 2nd Schedule, for “Capital of the Federation”.
[9][9]The original words, “Her
Majesty, or of the Governor-general in Council, of any Local Government”, have
successively been amended by the Government of India (Adaptation of Indian
Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian
Laws) Supplementary Order, 1937 and by the Central Laws (Adaptation) Order,
1961 (P.O. 1 of 1961), Article 2 and Schedule (with effect from the 23rd March,
1956), to read as above.
[10][10]Substituted by the
[11][11]Inserted by the Central Laws
(Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 and Schedule (with effect
from the 23rd March, 1956).
[12][12]The original words, “the
territories of any Native Prince or State in India”, have been amended by the
Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937 and
the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), section 4
and III Schedule, to read as above.
[13][13]Substituted by the Central
Laws (Adaptation) Order, 1961, Article 2 (with effect from the 23rd March,
1956), for “Crown”, which had been substituted by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937, for “British
Government”.
[14][14]Substituted by the Government
of
[15][15]Substituted by the Government
of
[16][16]Substituted by the
[18][18]The words, “of
[19][19]The words, “the
Governor-General in Council or”, repealed by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[22][22]The
original words, “the territories of any Native Prince or State in India”, have
been amended by the Government of India (Adaptation of Indian Laws) Order, 1937
as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937 and the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of
1951), section 4 and III Schedule, to read as above.
[23][23]The words, “the
Governor-General in Council or”, repealed by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[24][24]Substituted ibid., for “Local Government”.
[25][25]Inserted ibid.
[26][26]Substituted
ibid., for “Native Prince”.
[27][27]Substituted
by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 (with
effect from the 23rd March, 1956), for “Crown”, which had been substituted by
the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by
the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937,
for “British Government”.
[28][28]Substituted by the Government
of
[29][29]Substituted by the
[30][30]Substituted by the Government
of
[31][31]Substituted by the Adaptation
of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Schedule, for “
[32][32]Substituted by the
[33][33]Substituted the Adaptation of
Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3 (2) and 4, for “
[34][34]The words, “and the [Federal
Territory of Karachi]”, omitted by the Central Adaptation of Laws Order, 1964
(P.O. 1 of 1964), Article 2 and Schedule. The words in crotchets were
substituted by the Repealing and Amending Ordinance, 1961 (I of 1961), section
3 and 2nd Schedule, for “Capital of the Federation”.
[35][35]Substituted by the Government
of
[36][36]Substituted by the Central
Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2, for “Crown” (with
effect from the 23rd March, 1956).
[37][37]Substituted by the Adaptation
of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3(2)
and 4, for “
[38][38]The words, “and the [Federal
Territory of Karachi]”, omitted by the Central Adaptation of Laws Order, 1964
(P.O. 1 of 1964), Article 2 and Schedule. The words in crotchets were
substituted by the Repealing and Amending Ordinance, 1961 (I of 1961), section
3 and 2nd Schedule, for “Capital of the Federation”.
[39][39]Substituted by the Adaptation
of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3(2)
and 4, for “
[40][40]The words, “and the [Federal
Territory of Karachi]”, omitted by the Central Adaptation of Laws Order, 1964
(P.O. 1 of 1964), Article 2 and Schedule. The words in crotchets were
substituted by the Repealing and Amending Ordinance, 1961 (I of 1961), section
3 and 2nd Schedule, for “Capital of the Federation”.
[41][41]V of 1898.
[42][42]Substituted by the Government
of
[43][43]Substituted by the Adaptation
of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Schedule, for
“deemed to be a
[44][44]Substituted by the
[45][45]Substituted
by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 (with
effect from the 23rd March, 1956), for “Crown”, which had been substituted by
the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by
the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937,
for “British Government”.
[46][46]The original words, “by any
Native Prince or State in India or by the G.G. in C.”, have been successively
amended by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937, the Adaptation of
Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Schedule and the
Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), section 4 and
3rd Schedule to read as above.
[47][47]Substituted by the
[48][48]Substituted
by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 (with
effect from the 23rd March, 1956), for “Crown”, which had been substituted by
the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by
the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937,
for “British Government”.
[49][49]Substituted by the Amending
Act, 1903 (I of 1903), section 3 and Schedule II.
[50][50]Substituted by the Government
of
[51][51]The word “or”, deleted by
Notification No: Prs. I (M) 1572, dated 6th July, 1977.
[52][52]Added ibid.
[53][53]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “British
India or to any prison in Berar”. The words, “or to any prison in
[54][54]Substituted by the Central
Adaptation of Laws Order, 1964 (P.O. 1 of 1964), Article 2 and Schedule, for
“any other Province”.
[57][57]Substituted by the Adaptation
of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), for “by him or
under his authority”.
[58][58]Substituted by the Federal
Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), section 4 and III
Schedule, for “
[63][63]The words “where such other
prison is situated in a Province not being a Chief Commissioner’s Province”,
omitted by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), Article
2 and Schedule.
[64][64]Substituted by the Government
of
[65][65]Ibid.
[66][66]Substituted by the Government
of
[67][67]Ibid.
[68][68]Ibid.
[69][69]XXXVI of 1858.
[70][70]Substituted by the Devolution
Act, 1920 (XXXVIII of 1920), section 2 and Schedule I.
[71][71]Substituted by the Government
of
[72][72]Ibid.
[73][73]Substituted by the Central
Adaptation of Laws Order, 1964 (P.O. 1 of 1964), for “any other Province”.
[74][74]The original words “the
territories of any Native Prince or State in India”, were first substituted by
the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by
the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937
and then amended by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI
of 1951), section 4 and III Schedule, to read as above.
[75][75]Substituted by the Government
of
[76][76]Substituted, ibid., for “such Native Prince or
State”,
[77][77]Section 32 was re-numbered as
sub-section (1) of that section by the Devolution Act, 1920 (XXXVIII of 1920),
section 2 and Schedule I.
[78][78]Substituted by the Government
of
[79][79]Substituted by the Devolution
Act, 1920 (XXXVIII of 1920), section 2 and Schedule I, for “
[80][80]Substituted by the Government
of
[81][81]Substituted by the Government
of
[82][82]Inserted by the Devolution
Act, 1920 (XXXVIII of 1920) section 2 and Schedule I.
[83][83]Substituted by the Government
of
[84][84]Ibid.
[85][85]Substituted by the Central
Adaptation of Laws Order, 1964 (P.O. 1 of 1964), for “any other Province”.
[86][86]Substituted by the Government
of
[87][87]Substituted by the Central
Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd Schedule
(with effect from the 14th October, 1955), for “Any Court which is a High Court
for the purposes of the Government of India Act, 1935”, which had been
substituted by the Government of India (Adaptation of Indian Laws) Order, 1937
as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937, for “Any court established under the Indian High Courts Act,
1861”.
[88][88]Substituted by the Central Laws (Adaptation) Order, 1961 (P.O. 1
of 1961), Article 2 and Schedule, for “Her Majesty” (with effect from
the 23rd March, 1956).
[89][89]The words, “outside a
[90][90]Substituted
for the words “District Magistrate” by the Prisoners (Punjab Amendment)
Ordinance, 2001 (XXXIX of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[91][91]Ibid., for the words “District or Sub-divisional”.
[92][92]Ibid., for the word “Magistrate”.
[93][93]The words, “in a prison
within a Presidency-town, or”, omitted by the Adaptation of Central Acts and
Ordinances Order, 1949 (G.G.O. 4 of 1949).
[94][94]Substituted
for the words “District or Sub-divisional” by the Prisoners (Punjab Amendment)
Ordinance, 2001 (XXXIX of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[95][95]The words, “or in the case of
a person confined in a prison within a Presidency-town to the Commissioner of
Police”, omitted by the Adaptation of Central Acts and Ordinances Order, 1949
(G.G.O. 4 of 1949), Schedule.
[96][96]Substituted for the word “Magistrate” by the Prisoners (Punjab Amendment) Ordinance, 2001 (XXXIX of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[97][97]The words, “or Commissioner”,
omitted, by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4
of 1949), Schedule.
[98][98]Substituted by the Government
of
[99][99]Ibid.
[100][100]The words, “if it thinks fit”
deleted by the Prisoners (Punjab Amendment) Ordinance, 1984 (XXVIII of 1984).
[101][101]Substituted
by the Government of
[102][102]The words “the G.G. in C. or”
repealed by the Devolution Act, 1920 (XXXVIII of 1920), section 2 and Schedule
I.
[103][103]Substituted by the Government
of
[104][104]The words “the Gazette of
India or” repealed by the Devolution Act, 1920 (XXXVIII of 1920), section 2 and
Schedule I.
[105][105]Substituted by the Government
of
[106][106]The words “as the case may
be”, repealed by the Devolution Act, 1920 (XXXVIII of 1920), section 2 and
Schedule I.
[107][107]Substituted for the words “District or Sub-divisional” by the Prisoners (Punjab Amendment) Ordinance, 2001 (XXXIX of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[108][108]Ibid., for the word “Magistrate”.
[109][109]XIV of 1882, subsequently
replaced by the Code of Civil Procedure 1908 (V of 1908).
[110][110]Ibid.
[111][111]Substituted
by the Government of
[112][112]Now the Code of Civil
Procedure, 1908 (V of 1908).
[113][113]Substituted by the Government
of
[114][114]The words, “and in cases arising
under section 40, the G.G. in C”., repealed ibid.
[115][115]Substituted ibid., for “local official Gazette”.
[116][116]The words, “or the Gazette of
India, as the case may be”, repealed, ibid.
[117][117]Substituted by the Government
of
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