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Taxmann's Prisoners Act 1900 with Rules – Bare Act with Section Notes

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10. Delivery of persons sentenced by Presidency Magistrates 5

11. Delivery of persons committed for trial by High Court 5

12. Custody pending hearing by High Court under section 350 of the Code of Civil Procedure of application for insolvency 5

13. Delivery of persons arrested in pursuance of warrant of High Court or Civil Court in Presidency-town 5

PART IV

PRISONERS OUTSIDE THE PRESIDENCY-TOWNS

14. References in this Part to prisons etc., to be construed as referring also to Reformatory Schools 6

15. Power for officers in charge of prisons to give effect to sentences of certain Courts 6

16. Warrant of officer of such Court to be sufficient authority 7

17. Procedure where officer in charge of prison doubts the legality of warrant sent to him for execution under this Part 7

18. Execution in the States of certain capital sentences not ordinarily executable there 7

PART V

PERSONS UNDER SENTENCE OF PENAL SERVITUDE

1927. [Omitted by the Criminal Law (Removal of Racial Discriminations) Act, 1949, w.e.f. 6-4-1949] 8

PART VI

REMOVAL OF PRISONERS

28. References in this Part to prisons etc., to be construed as referring also to Reformatory Schools 8

29. Removal of prisoners 8

30. Lunatic prisoners how to be dealt with 9

31. [Omitted by the Amending Act, 1903] 10

PART VII

PERSONS UNDER SENTENCE OF TRANSPORTATION

32. Appointment of places for confinement of persons under sentence of transportation and removal thereto 10

PART VIII

DISCHARGE OF PRISONERS

33. Release, on recognizance, by order of High Court, of prisoner recommended for pardon 10

PART IX

PROVISIONS FOR REQUIRING THE ATTENDANCE OF PRISONERS AND OBTAINING THEIR EVIDENCE

3452. [Omitted by the Prisoners (Attendance in Courts) Act, 1955, w.e.f. 1-1-1956] 11

53. [Omitted by the Repealing and Amending Act, 1914] 11

FIRST SCHEDULE [Omitted by the Prisoners (Attendance in Courts) Act, 1955, w.e.f. 1-1-1956] 11

SECOND SCHEDULE [Omitted by the Prisoners (Attendance in Courts) Act, 1955, w.e.f. 1-1-1956] 11

THIRD SCHEDULE [Omitted by the Repealing and Amending Act, 1914] 11 SUBJECT INDEX 13

PRISONS ACT, 1894

CHAPTER I

1. Title, extent and commencement 15

2. [Omitted by the Repealing Act, 1938] 16

3. Definitions 16

CHAPTER II

MAINTENANCE AND OFFICERS OF PRISONS

4. Accommodation for prisoners 18

5. Inspector General 18

6. Officers of prisons 18

7. Temporary accommodation for prisoners 18

CHAPTER III

DUTIES OF OFFICERS Generally

8. Control and duties of officers of prisons 18

CHAPTER VI FOOD, CLOTHING AND BEDDING OF CIVIL AND UNCONVICTED CRIMINAL PRISONERS

31. Maintenance of certain prisoners from private sources

32. Restriction on transfer of food and clothing between certain prisoners

33. Supply of clothing and bedding to civil and unconvicted criminal prisoners

CHAPTER VII

34.

35.

43.

44.

CHAPTER VIII

45. Prison-offences

46. Punishment of such offences

47. Plurality of punishments, under section 46

48. Award of punishments under sections 46 and 47

49. Punishments to be in accordance with foregoing sections

50. Medical Officer to certify to fitness of prisoner for punishment

51. Entries in punishment-books

52. Procedure on committal of heinous offence

53. Whipping

54. Offences by prison-subordinates

55. Extramural custody, control and employment of prisoners

56. Confinement in irons

57. Confinement of prisoners under sentence of transportation in irons

58. Prisoners not to be ironed by Jailer except under necessity

59. Power to make rules

60. [Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937]

61. Exhibition of copies of rules

62. Exercise of powers of Superintendent and Medical

PRISONERS (ATTENDANCE IN COURTS) ACT, 1955

3. Power of courts to require appearance of prisoners to give evidence or answer a charge

4. Power of State Government to exempt certain persons from operation of section 3

5. Prisoners to be brought up 51

6. Officer in charge of prison when to abstain from carrying out order 52

7. Commissions for examination of prisoners 52

8. Certain provisions of the Code of Criminal Procedure and the Code of Civil Procedure to apply 53

9. Power to make rules 53

10. Repeal 53

FIRST SCHEDULE 54 SECOND SCHEDULE 54 SUBJECT INDEX 55

TRANSFER OF PRISONERS ACT, 1950

1. Short title and extent 57

2. Definitions 57

3. Removal of prisoners from one State to another 58

4. [Omitted by the Repealing and Amending Act, 1957, w.e.f. 17-9-1957] 58 SUBJECT INDEX 59

REPATRIATION OF PRISONERS ACT, 2003

1. Short title and commencement 61

2. Definitions 61

3. Application of Act 62

4. Application for transfer by a prisoner 63

5. Consideration of request by Central Government 63

6. Comments of contracting State 63

7. Consideration of request by Central Government 64

8. Provision to issue warrant for transfer 64

9. Operation of warrant and retaking prisoner 65

10. Transfer of record 65

11. Power of court and Central Government shall not be affected 65

12. Transfer into India 65

13. Determination of prison and issue of warrant for receiving transfer in India 65

14. Power to make rules 66

15. Laying of rules, etc.

CRIMINAL PROCEDURE (IDENTIFICATION) ACT, 2022

1. Short title and commencement

2. Definitions

3. Taking of measurement

4. Collection, storing, preservation of measurements and storing, sharing, dissemination, destruction and disposal of records 73

5. Power of Magistrate to direct a person to give measurements 74

6. Resistance to allow taking of measurements

7. Bar of suit

8. Power to make rules

9.

CRIMINAL PROCEDURE (IDENTIFICATION) RULES, 2022

1. Short title and commencement 79

2. Definitions 79

3. Taking of measurements 80

4. Manner of taking of measurements of a person who resists or refuses to allow taking of measurements 80

5. Manner of collection, storing, preservation, processing, sharing, dissemination, destruction and disposal of measurements 80

6. Compliance with the Standard Operating Procedure issued by the Bureau 81

REPATRIATION OF PRISONERS RULES, 2004

1. Short title and commencement 82

2. Definitions 82

3. Form of application 82

4. Means of forwarding the application 82

5. Form of warrants 82

FORM 1: Application for transfer of sentenced person 83

FORM 2: Form of warrant 84

FORM 3: Form of warrant 85

SAMPLE CHAPTER

Prisoners Act, 1900

[3 OF 1900]1

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

Short title and extent.

1. (1) This Act may be called the Prisoners Act, 1900. 2[(2) It extends to the whole of India except 3[the territories which, immediately before the 1st November, 1956, were comprised in Part B States,] 4[***]] (3) 5[***]

COMMENTS

SECTION NOTES

1.1 Short title [Section 1(1)]

This Act is formally called the Prisoners Act, 1900.

1.2 Extent of applicability [Section 1(2)]

The Act applies throughout India, with the exception of:

The territories that were, before 1st November 1956, part of the Part B States. Part B States were states that did not have the same level of autonomy as others and included areas like Jammu & Kashmir, some smaller regions, and princely states that were integrated after independence.

Definitions.

2. In this Act, unless there is anything repugnant in the subject or context,—

1. Dated 2-2-1900.

2. Substituted by the Adaptation of Laws Order, 1950, w.e.f. 26-1-1950.

3. Substituted for “Part B States” by the Adaptation of Laws (No. 2) Order, 1956, w.e.f. 1-11-1956.

4. Word “and” omitted by the Repealing and Amending Act, 1914.

5. Sub-section (3) omitted, ibid

S. 3

PRISONERS ACT, 1900 2

(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 6[State Government], by general or special order, to be a subsidiary jail;

7[(c) “States” means the territories to which this Act extends.]

COMMENTS

SECTION NOTES

2.1 “Court” [Section 2(a)]

The term “Court” is defined broadly to include:

A Coroner, who is an official responsible for investigating deaths, especially those that are sudden, unexplained, or violent.

Any officer who lawfully exercises civil, criminal, or revenue jurisdiction.

2.2 “Prison” [Section 2(b)]

The term “prison” is not limited to the conventional prisons but also includes:

Any place that the State Government designates as a subsidiary jail through a general or special order.

PART II GENERAL

Officers in charge of prisons to detain persons duly committed to their custody.

3. The officer in charge 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.

COMMENTS

SECTION NOTES

3.1 Duty of the Officer in charge of a Prison

The officer in charge of a prison has the legal responsibility to:

Receive and detain individuals who have been duly committed to their custody, whether by order of a Court or through any other legal process under the Act or otherwise.

3.2 Detention according to legal orders

The officer’s detention of prisoners must be in line with the specific requirements of the commitment. This means that the terms of the:

6. Substituted, for “Provincial Government” by the Adaptation of Laws Order, 1950, w.e.f. 26-1-1950.

7. Substituted by the Adaptation of Laws (No. 2) Order, 1956, w.e.f. 1-11-1956, Earlier clause (c) was inserted by the Adaptation of Laws Order, 1950, w.e.f. 26-1-1950.

Writ, Warrant, or Order

must be followed precisely, ensuring that the reasons for and the terms of imprisonment are respected.

3.3 Duration of detention

The detention will last:

Until the person is discharged—either through a legal order, such as bail or a judicial decision, or

Until the person is removed in due course of law, meaning they may be transferred or released based on the lawful authority (e.g., judicial review, parole, or completion of sentence).

Officers in charge of prisons to return writs, etc., after execution or discharge.

4. The officer in charge 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.

COMMENTS

SECTION NOTES

4.1 Return of writs, orders, and warrants after execution or discharge

The officer in charge of a prison has the duty:

To return any writ, order, or warrant that has been executed or a person has been discharged from custody.

Exceptions – Warrant of commitment for trial

Section 4 does not apply to a warrant of commitment for trial, as these cases involve pending court proceedings and are outside the scope of this provision.

4.2 Endorsement and certification requirement

The officer must return the writ, order, or warrant to the Court that issued it and include a certificate that is:

Endorsed on the document,

Signed by the officer,

PART III

PRISONERS IN THE PRESIDENCY-TOWNS

Warrants etc., to be directed to Police officers.

5. Every writ or warrant for the arrest of any person issued by the High Court in the exercise of its ordinary, extraordinary or other criminal jurisdiction shall be

directed to and executed by a Police officer within the local limits of such jurisdiction.

COMMENTS

SECTION NOTES

5.1 Direction for execution of writs and warrants

Section 5 mandates that any writ or warrant issued by the High Court for the arrest of a person—whether in the exercise of its ordinary, extraordinary, or criminal jurisdiction— must be:

Directed to a police officer,

And executed by a police officer within the local limits of the High Court’s jurisdiction.

Power for 8[State] Governments to appoint Superintendents of Presidency prisons.

6. The 9[State Government] may appoint officers who shall have authority to receive and detain prisoners committed to their custody under this part.

Explanation.—Any officer so appointed, by whatever designation he may be styled, is hereinafter referred to as “the Superintendent”.

Delivery of persons sentenced to imprisonment or death by High Court.

7. Where any person is sentenced by the High Court in the exercise of its original criminal jurisdiction to imprisonment or to death, the Court shall cause him to be delivered to the Superintendent together with its warrant, and such warrant shall be executed by the Superintendent and returned by him to the High Court when executed.

Delivery of persons sentenced to transportation by High Court.

8. Where any person is sentenced by the High Court in the exercise of its original criminal jurisdiction to transportation 10[***] the Court shall cause him to be delivered for intermediate custody to the Superintendent, and the transportation 10[***] of such person shall be deemed to commence from such delivery.

Delivery of persons committed by High Court in execution of a decree or for contempt.

9. Where any person is committed by the High Court, whether in execution of decree or for contempt of Court or for any other cause, the Court shall cause him to be delivered to the Superintendent, together with its warrant of commitment.

8. Substituted for “Provincial” by the Adaptation of Laws Order, 1950, w.e.f. 26-1-1950.

9. Substituted for “Provincial Government”, ibid

10. Words “or penal servitude” omitted by the Criminal Law (Removal of Racial Discriminations) Act, 1949, w.e.f. 6-4-1949.

PRISONERS ACT 1900 WITH RULES –BARE ACT WITH SECTION NOTES

AUTHOR : Taxmann's Editorial Board

PUBLISHER : Taxmann

DATE OF PUBLICATION : January 2026

EDITION : 2026 Edition

ISBN NO : 9789371269421

NO. OF PAGES : 104

BINDING TYPE : Paperback

Rs. 145

DESCRIPTION

Prisoners Act 1900 with Rules [Bare Act with Section Notes] by Taxmann is a concise and up-to-date statutory reference to India's legal framework governing prisoners confined by order of courts and the administration of prisons. This Edition presents the complete text of the Prisoners Act 1900, as amended up to date, together with structured section-wise notes, explanatory comments, and legislative history. The publication enables a clear understanding of the statutory provisions relating to custody, detention, transfer, production before courts, discipline, and discharge of prisoners, along with the powers and duties of prison authorities and courts.

In addition to the principal Act, the book consolidates all major allied legislations governing prison administration, inter-state and international transfer of prisoners, attendance of prisoners in courts, and identification procedures, making it a dependable reference for criminal justice and correctional governance. This book is intended for the following audience:

• Advocates & Legal Practitioners

• Judges & Judicial Officers

• Police Officers & Prison Administration Officials

• Government Officials & Policymakers

• Academicians & Law Students

• Libraries & Research Institutions

The Present Publication is the 2026 Edition, covering the amended and updated text of the Prisoners Act [Act No. 3 of 1900] and Rules, with the following noteworthy features:

• [Comprehensive Text with Section Notes] Contains the complete and updated text of the Prisoners Act 1900, supported by clear, section-wise explanatory notes

• [Updated and Amended Law] Incorporates all statutory amendments, adaptations, and omissions as in force, with the law stated as updated

• [Pre-amendment Provisions in Footnotes] Includes pre-amendment text in footnotes to enable under standing of earlier legal positions and transitional applicability

• [Inclusion of Allied Acts & Rules] Consolidates key connected legislations, including:

o Prisons Act 1894

o Prisoners (Attendance in Courts) Act 1955

o Transfer of Prisoners Act 1950

o Repatriation of Prisoners Act 2003 with Rules 2004

o Criminal Procedure (Identification) Act 2022 with Rules 2022

• [Procedural and Administrative Clarity] Section notes explain custody procedures, warrants, production before courts, prisoner transfers, disciplinary mechanisms, and identification processes

• [Structured Indexing] Logical arrangement of statutes and a detailed subject index ensures quick navigation and efficient legal research

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