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 [Repealed]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]THE PRISONERS ACT, 1900
(Act III of
1900)
[2
February 1900]
An Act to consolidate the
law relating to
prisoners 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) It extends to the whole of Pakistan].
[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][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][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][* * *] 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][the
Provinces
[8][* *
*], under the general or special authority of
[9][the
[10][Federal
Government], or of any Provincial Government, or of the Government of Burma]
[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][any Acceding State]—
(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][Government] authorised to
sit as such Judge [14][by the State or the Ruler
thereof] or by [15][the [16][Federal Government] or the
Crown Representative], and
(ii) if the reception, detention or imprisonment
[17][* *
*] in any provinces
[18][* *
*] of persons sentenced by any such Court or tribunal has been authorised by
general or special order by
[19][* *
*] the
[20][Provincial
Government]
[21][* *
*]; or
(c) by any other
Court or tribunal
[22][in any
Acceding State], with the previous sanction
[23][* * *]
of the
[24][Provincial
Government] in the case of each such sentence, order or warrant:
[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 Burma without the
previous sanction of the Provincial Government concerned].
(2) Where a Court or
tribunal of such a [26][Ruler] or State has passed
a sentence which cannot be executed without the concurrence of an officer of
the [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][the [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][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][Court
established by the authority of the
[32][Federal
Government]] exercising, in or with respect to territory beyond the limits of
[33][the
Provinces
[34][* *
*]], jurisdiction which
[35][the
[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][the
Provinces
[38][* *
*]], has issued its warrant for the execution of such sentence to the officer
incharge of a prison in
[39][the
Provinces
[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].
(2) The prisons of which
the officers incharge are to execute sentences under any such warrants as
aforesaid [42][shall in each Province be
such as the Provincial Government] may, by general or special order, direct.
(3) A
Court shall be
[43][deemed,
for the purposes of this section, to be a Court established by the
[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][Government]
authorised to act as such Judge
[46][by any
Acceding State] or the Ruler thereof or the
[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][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][29. Removal of prisoners.— (1) The [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][* * *],
(d) in default
of giving security for keeping the peace or for maintaining good behaviour,
[52][(e) unconvicted criminal prisoners],
to any other prison in
[53][the
province, or, with the consent of the Provincial Government concerned, to any
prison in
[54][the
other Province]],
[55][or,
with the consent of the
[56]Central
Government] to any prison maintained
[57][by it
or under its authority] in any part of
[58][Pakistan].
[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][(3) The
[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]Central
Government or of a Provincial Government with the consent
[63][* * *]
of the Provincial Government concerned].
30. Lunatic prisoners how to be dealt with.— Where it appears to the [64][Provincial Government] that
any person detained or imprisoned under any order or sentence of any Court is
of unsound mind, the [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][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][Provincial
Government] that the prisoner has become of sound mind, the
[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], 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][(4) In any case in which the [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][Provincial Government] may
order his removal to any such asylum or place within [73][the other Province] or
within [74][any Acceding State] by
agreement with the [75][Provincial Government] of
such other Province or with [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][(1)] The [78][Provincial Government] may
appoint places within [79][the Province] to which
persons under sentence of transportation shall be sent; and the [80][Provincial Government], or
some officer duly authorised in this behalf by the [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][(2) In any case in which the
[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][Provincial
Government] may appoint such places in
[85][the
other Province] by agreement with the
[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][A High Court], may, in any
case in which it has recommended to [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][* * *],
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][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][Sessions
Judge or] Magistrate
within the local limits of whose jurisdiction the person is confined, and that
[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][* * *] 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][Sessions
Judge or] Magistrate
within the local limits of whose jurisdiction the person named therein is
confined,
[95][* * *] and such
[96][Court]
[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][Provincial Government] of
the territories within which the prison is situate, and the [99][Provincial Government] may,
[100][* * *] direct that the
person be so removed, subject to such rules regulating the escort of prisoners
as the [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][* * *] The [103][Provincial Government] may,
by notification in [104][* * *] the [105][Official Gazette], [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][Sessions
Judge or] Magistrate
within the local limits of whose jurisdiction the prison is situate, and if
such
[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], 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], 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][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]Code of Civil Procedure
1882.
51. Power to make rules under this Part.— (1) The [113][Provincial Government] [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][official Gazette] [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][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]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]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]Sub-section (3) repealed by
the Repealing and Amending Act, 1914 (X of 1914), section 3 and Schedule II.
[4]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 “Local
Government”.
[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]The words “outside the
Presidency-towns”, omitted, ibid.
[7]Substituted the Adaptation of
Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3(2) and 4, for “British India”.
[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]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]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “Central Government”.
[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]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]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]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 “by the
Native Prince or State”.
[15]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 “the Governor-General in Council”.
[16]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974) for “Central Government”.
[18]The words, “of British
India”, omitted by the Adaptation of Central Acts and Ordinances Order, 1949
(G.G.O. 4 of 1949), Schedule
[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]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]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]Substituted ibid., for “Local Government”.
[25]Inserted ibid.
[26]Substituted
ibid., for “Native Prince”.
[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]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 “the G.G.
in C”.
[29]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “Central Government”.
[30]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 “Local
Government”.
[31]Substituted by the Adaptation
of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Schedule, for
“British Court”.
[32]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “Central Government”.
[33]Substituted the Adaptation of
Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3 (2) and 4, for “British India”.
[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]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 “the G.G.
in C”.
[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]Substituted by the Adaptation
of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3(2)
and 4, for “British India”.
[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]Substituted by the Adaptation
of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3(2)
and 4, for “British India”.
[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]V of 1898.
[42]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 “shall be
such as the G.G. in C. or a L.G. authorised by the G.G. in C. in this behalf”.
[43]Substituted by the Adaptation
of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Schedule, for
“deemed to be a British Court for the purposes of this section”.
[44]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “Central Government”.
[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]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]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “Central Government”.
[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]Substituted by the Amending
Act, 1903 (I of 1903), section 3 and Schedule II.
[50]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 “G.G. in
C”.
[51]The word “or”, deleted by
Notification No: Prs. I (M) 1572, dated 6th July, 1977.
[52]Added ibid.
[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 Berar” had
been added by the Prisoners (Amendment) Act, 1923 (XVII of 1923), section 2.
[54]Substituted by the Central
Adaptation of Laws Order, 1964 (P.O. 1 of 1964), Article 2 and Schedule, for
“any other Province”.
[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]Substituted by the Federal
Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), section 4 and III
Schedule, for “India”.
[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]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 “Local
Government”.
[65]Ibid.
[66]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 “Local
Government”.
[67]Ibid.
[68]Ibid.
[69]XXXVI of 1858.
[70]Substituted by the Devolution
Act, 1920 (XXXVIII of 1920), section 2 and Schedule I.
[71]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 “Local
Government”.
[72]Ibid.
[73]Substituted by the Central
Adaptation of Laws Order, 1964 (P.O. 1 of 1964), for “any other Province”.
[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]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 “Local
Government”.
[76]Substituted, ibid., for “such Native Prince or
State”,
[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]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 “Local
Government”.
[79]Substituted by the Devolution
Act, 1920 (XXXVIII of 1920), section 2 and Schedule I, for “British India”.
[80]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 “Local
Government”.
[81]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 “Local
Government”.
[82]Inserted by the Devolution
Act, 1920 (XXXVIII of 1920) section 2 and Schedule I.
[83]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 “Local
Government”.
[84]Ibid.
[85]Substituted by the Central
Adaptation of Laws Order, 1964 (P.O. 1 of 1964), for “any other Province”.
[86]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 “Local
Government”.
[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]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]The words, “outside a
Presidency Town”, omitted by the Adaptation of Central Acts and Ordinances
Order, 1949 (G.G.O. 4 of 1949).
[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]Ibid., for the words “District or Sub-divisional”.
[92]Ibid., for the word “Magistrate”.
[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]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]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]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]The words, “or Commissioner”,
omitted, by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4
of 1949), Schedule.
[98]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 “Local
Government”.
[99]Ibid.
[100]The words, “if it thinks fit”
deleted by the Prisoners (Punjab Amendment) Ordinance, 1984 (XXVIII of 1984).
[101]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 “G.G. in C”.
[102]The words “the G.G. in C. or”
repealed by the Devolution Act, 1920 (XXXVIII of 1920), section 2 and Schedule
I.
[103]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 “Local
Government”.
[104]The words “the Gazette of
India or” repealed by the Devolution Act, 1920 (XXXVIII of 1920), section 2 and
Schedule I.
[105]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 “local
official Gazette”.
[106]The words “as the case may
be”, repealed by the Devolution Act, 1920 (XXXVIII of 1920), section 2 and
Schedule I.
[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]Ibid., for the word “Magistrate”.
[109]XIV of 1882, subsequently
replaced by the Code of Civil Procedure 1908 (V of 1908).
[110]Ibid.
[111]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 “Govt”.
[112]Now the Code of Civil
Procedure, 1908 (V of 1908).
[113]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 “Local
Government”.
[114]The words, “and in cases
arising under section 40, the G.G. in C”., repealed ibid.
[115]Substituted ibid., for “local official Gazette”.
[116]The words, “or the Gazette of
India, as the case may be”, repealed, ibid.
[117]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 “Local
Government”.