THE PRISONERS ACT, 1900
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| Main Category: | Acts | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Specific Category Name: | Prison | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Year | 1900 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Promulgation Date: | 02-02-1900 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Details: | THE PRISONERS ACT, 1900 (Act III of 1900) CONTENTS PART I PRELIMINARY SECTIONS 1. Short
title and extent. 2. Definitions. PART
II GENERAL 3. Officers in charge
of prisons to detain persons duly committed to their custody. 4. Officers
in charge of prisons to return writs, etc., after execution or discharge. PART
III (PRISONERS
IN PRESIDENCY-TOWNS] OMITTED. PART
IV EXECUTION
OF SENTENCES. 14. References in this
part to prisons, etc., to be construed as referring also to ReformatorySchools. 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 sentence not ordinarily executable there. PART V [PERSONS UNDER
SENTENCE OF PENAL SERVITUDE]
OMITTED. PART VI 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 Repealed.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 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 Civil Courts to require appearance of prisoner to give evidence. 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
in charge 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. Miscellaneous. 49. [1][Omitted]. 50. Deposit of costs. 53. [2][Repealed]. THE FIRST SCHEDULE. THE SECOND SCHEDULE. [3][THE
THIRD SCHEDULE] (Repealed). [PRISONERS ACT, 1900 AN ACT to consolidate the law relating
to Prisoners confined by
It is hereby
enacted as follows :— PART
1
(2) [4][It
extends to the whole of Pakistan]. (3)[5][
* * *]
(a) "Court"
includes a Coroner and any officer lawfullyexercising
civil, criminal or revenueJurisdiction;
and (b)
"Prison" includes any place which has
been declared by the [6][Provincial
Government], by general or special order, to be a subsidiary jail. PART-II GENERAL
PART-III— [PRISONERS IN THE RESIDENCY-TOWN.] PART—IV. [7][EXECUTION OF SENTENCES]
15.[8][Power
of officers in charge of prisons to give effect tosentences ofcertain Courts:--
(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 –
(a) has sentenced any parson 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[17][Pakistan][18]
[* * * ],has issued its warrant for the
execution of such sentence to the officer incharge
of a prison in [19][Pakistan
[20]
[* * * ], 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. (2)The
prisons of which the officers incharge are to execute sentences under any such
warrants as aforesaid [21][shall
in each Province be such as the Provincial Government] may, by general or
special order, direct. (3)A Court shall be [22][deemed,
for the purposes of this section, to be a Court established by the [23][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 [24][Government]
authorized to act as such Judge by [25][X
X X] the [26][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[27][Government]authorizedasaforesaid. PART-V— PERSONS
UNDER SENTENCE OF PENAL SERVITUDE]. [28][* * *] PART—VI
(a) under sentence of death, or (b) under, or in lieu of, a sentence of
imprisonment [31][*
* *] or (c) in default of payment of a fine, or (d) in default of giving security for keeping the
peace or for maintaining
good behaviour, to any other
prison in [32][the
Province, or, which the consent of the Provincial Government concerned, to any
prison in [33][the
other Province], [34][or,
with the consent of the [35][Federal
Government] to any prison maintained [36][by
it for under its authority] in any part of [37][Pakistan]. [38][(2)
Subject to the orders, and under the control of the Provincial Government the [39][Inspector-General
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. [40][(3)[41][The
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 [42][Federal
Government] or of a Provincial Government with the consent to[43][
* * * ] of the Provincial Government concerned.]
(2) Where it appears to
the [47][Provincial
Government] that the prisoner has become of sound mind, the[48][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 [49][31
of Lunacy Act, 1912 (IV of 1912)] 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. [50][(4)
In any case in which the [51][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 [52][Provincial
Government] may order his removal to any such asylum or place within [53][the
other Province] [54][
* * * *] by agreement with the [55][Provincial
Government] of such other Province [56][*
* * *]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 Rep. by the Amending Act, 1903 (I of 1903), s. 4 and Sch.III. [57][PART VII]
PART—IX PROVISIONS FOR REQUIRING
THE ATTENDANCEOFPRISONERS AND OBTAINING THEIR EVIDENCE
(a) in a Court subordinate
to the District Judge, or 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,—
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 [61][Session
Judge] to whose Court such Criminal Court is subordinate or within the local
limits of whose jurisdiction such Criminal Court is situated.
(2) The High Court
making an order under sub-section (1) shall send it to the District or
Sub-divisional Magistrate within the local limits of whose jurisdiction the person
named therein is confined, [63][*
* *] and such Magistrate [64][**]
shall cause it to be delivered to the officer in charge of the prison in which
the person is confined.
(b)
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 District or Sub-divisional Magistrate within
the local limits of whose jurisdiction the prison is situate, and if such
Magistrate, 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 (c)
Where the person named in
any such order is under committal for trial ; or (d)
where the person named in any such order is
under a remand pending trial or pending a preliminary investigation; or (e)
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—
(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
(a) where it appears to any Civil Court that
the evidence of person confined in any prison within the local limits 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 which it is subordinate,
who, for any of the causes mentioned in section 42 or section 43, cannot be
removed, is material in 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 [74][Code
of Civil Procedure l908,(V of 1908)] for the examination of the person in the
prison in which he is confined.
SERVICE
OF PROCESS ON PRISONERS.
MISCELLANEOUS
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 [77][Provincial
Government] from any person ordered by the Court to pay the same, as if it were
costs in a suit recoverable under the [78][Code
of Civil Procedure. 1908 (Act V of 1908).
(b)
for regulating the amount to be allowed for the
costs andcharges of such escort; and (c)
for the guidance of officers in all other
matters connected with the enforcement of this Part.
53. [84][*
* *]. THE FIRST SCHEDULE Court of the day
of
next by of the
clock The day of A. B.
(Countersigned) C. D. THE
SECOND SCHEDULE (See – section 37) Court of
[85][* * *] [1]. Omitted vide A.O 1949. [2]. Repealed vide Act No.X of 1914. [3]. Repealed vide Act No.X of 1914. [4]. Substituted
vide Act No.XXI of 1960. [5] . Repealed vide
Act No.X of 1914. [6]. Substituted vide A.O, 1937.
[7]. Substituted vide A.O, 1937 [8]. Substituted vide Ord No. XXVII of 1981. [9]. Omitted vide Ord No.XXVII of 1981. [10]. Substituted vide A.O, 1937. [11]. Substituted vide A.O, 1949. [12]. Substituted vide A.L.O, 1975. [13]. Substituted vide Ord No.XXVII of
1981. [14]. Omitted vide A.O, 1964. [15]. Substituted vide A. O., 1937. [16]. Substituted vide A.O, 1961. [17]. Substituted vide Ord.NO.XXVII of
1981. [18]. Omitted vide A.O, 1964. [19] . Substituted Ord. No.XXVII of 1981. [20]. Omitted vide A.O, 1964. [21]. Substituted vide A.O, 1937. [22]. Substituted vide
A.O, 1949. [23]. Substituted vide
Khyber Pakhtunkhwa A.L.O. [24]. Substituted vide
A.O, 1961. [25]. Omitted vide Ord.
"No. XXVII of 1981. [26]. substituted
vide Khyber Pakhtunkhwa. A. L. O. [27] Substituted vide
A.O., 1961. [28]. Substituted vide Act No.I of 1930. [29]. Substituted vide A.O,
1937. [30]. Sub. by A.O.,
1937, for “G.G. in C.” [31]. Omitted vide Ord.No.XXVII of 1981. [32]. Substituted vide A.O. 1937. [33]. Substituted vide A.O, 1964. [34]. Added vide Ord.No.XII of 1942. [35]. Now "Federal Government",
See. P.O. of'1975. [36]. Substituted vide A.O, 1949. [37]. Substituted vide Act No.XXVI of 1951. [38]. Substituted vide w.p Ord.No.XXV of
1962. [39]. Substituted vide Khyber Pakhtunkhwa Act No. VI of 1977 [40]. Added vide Act XVII of 1953. [41]. Now "Federal Government",
See. P.O. of'1975. [42]. Now "Federal Government",
See P.O. of'1975. [43]. Omitted vide A.O, 1964. [44]. Substituted vide A.O, 1937. [45] Substituted
vide A.O, 1937. [46]. Substituted vide A.O, 1937. [47]. Substituted vide A.O, 1937. [48]. Substituted vide A.O, 1937. [49]. Substituted
vide Ord.No.XXVII of 1987. [50]. Substituted
vide Act No.XXXVIII of 1920. [51]. Substituted
vide A.O, 1937. [52]. Substituted vide A.O, 1937. [53]. Substituted
vide A.O., 1964. [54]. Omitted videOrd. No. XXVII. of 1981. [55]. Substituted
vide A.O. 1937. [56]. Omitted by order No.XXVII of 1981. [57]. Omitted
vide Ord No.XXVII of 1981. [58]. Substituted
vide Ord No.XXVI of 1960. [59]. Substituted
vide A.O, 1961. [60]. Omitted
vide A.O, 1949. [61]. Substituted vide Ord.No.XXVII of 1981. [62]. Omitted vide A.O, 1949. [63]. Omitted vide A.O, 1949. [64]. Omitted, ibid. [65]. Substituted vide A.O, 1937. [66]. Substituted vide A.O, 1937. [67]. Omitted vide Khyber Pakhtunkhwa
Ord.No.III of 1985. [68]. Substituted, ibid. [69]. Repealed
Act No.XXXVIII of 1920. [70]. Substituted
vide A.O, 1937. [71]. Repealed
vide Act No.XXXVIII of 1920. [72]. Substituted
vide A.O, 1937. [73]. Repealed vide Act No.XXXVIII of 1920. [74]. Substituted vide Ord No.XXVII of
1981. [75]. Substituted vide Ord No.XXVII of
1981. [76] . Omitted vide A.o, 1949 [77]. Substituted vide A.O, 1937. [78]. Substituted vide Ord No.XXVII of
1982. [79]. Substituted vide A.O, 1937. [80]. Repealed ibid. [81]. Substituted ibid. [82]. Repealed ibid. [83]. Substituted vide A.O, 1937. [84] . Repealed vide Act.No.X of 1914. [85]. Repealed vide Act No.X of 1914. |