2. Cases of accident]-falling out of a boat into the River, -a kick from a horse which fractured his skull and ruptured blood-vessels in his 3. Cases of suicide]-shooting himself through the head with a pistol. -arsenic, which he voluntarily administer ed to himself. 4. Cases of sudden death by means unknown]—disease of the heart. -apoplexy. And so say the jurors upon their oath aforesaid. Witness our hands. E F, Coroner of G H, I J, K L, M N, O P (jurors). A. D. 1871. ACT V. THE PRISONERS' ACT, 1871. AN ACT to consolidate the laws relating to Prisoners confined by order of a Court. Passed on the 27th January 1871. . For the purpose of consolidating the laws relating to pri- Preamble. soners confined by order of a court; it is hereby enacted as follows: I.—Preliminary. Local extent. I. This Act may be called "The Prisoners' Act, 1871:" Short title. it extends to the whole of British India; and it shall come Commencement. into force on the passing thereof. II. The Acts mentioned in the schedule hereto annexed Repeal of Acts, are repealed to the extent specified in the third column of the said schedule. II.-Prisoners in the Presidency Towns. III. All writs or warrants for the arrest or apprehension of any person, issued or awarded by the high court in the exercise of its ordinary, extraordinary, or other criminal jurisdiction, shall be directed to and executed by any officer of police within the local limits of such jurisdiction. IV. The local Government may appoint officers who shall have authority to receive and keep prisoners committed to their custody under the provisions of this part. Warrants and writs to be directed to police officers. Power to appoint superintendent of presidency prisons. Superintendents to detain persons committed. to Superintendents return writs, &c., after execution or discharge. Delivery of persons or Delivery for interme diate custody of All such officers appointed under any Act hereby repealed, shall be deemed to be appointed under this Act. Such officers shall be called in Calcutta, the superintendent of the presidency prison; in Madras, the superintendent of prisons for the town of Madras; and in Bombay, by such title or respective titles as the local Government from time to time directs. Every such officer is hereinafter referred to as 'the superintendent.' V. The superintendent is hereby authorized and required to keep and detain all persons duly committed to his custody pursuant to the provisions of this Act or otherwise, by any court, judge, justice of the peace, magistrate of police, coroner, or other public officer lawfully exercising civil or criminal jurisdiction according to the exigency of any writ, warrant or order by which such person has been committed, or until such person is discharged by due course of law. VI. The superintendent shall forthwith; after the execution of every such writ, order, or warrant, except warrants of commitment for trial, or after the discharge of the person committed thereby, return such writ, order or warrant to the court or other officer by which or by whom the same has been issued or made, together with a certificate endorsed thereon and signed by the superintendent, showing how the same has been executed, or why the person committed thereby has been discharged from custody before the execution thereof. VII. Whenever 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 said superintendent together with the warrant of the said court, and such warrant shall be executed by the superintendent and returned by him to the high court when executed. VIII. Whenever any person is sentenced by the high persons sentenced Court in the exercise of its original criminal jurisdiction to to transportation or transportation or penal servitude, the court shall cause him penal servitude. to be delivered for intermediate custody to the superin tendent, and the imprisonment of such person shall have effect from such delivery. Act for intermediate custody. Whenever any judge of a high court makes under any Act Order under Mutiny for the time being in force for punishing mutiny and desertion, and for the better payment of the Army and their quarters, an order for the intermediate custody of an offender sentenced by a court martial holden in India, the judge shall order such offender to be detained for intermediate custody by the superintendent. court in execution of a decree or for contempt. X. Whenever any person is committed by the high Committals by high court, whether in execution of a decree or for contempt of court, or other cause, he shall be taken by the officer to be appointed for that purpose by such court, and shall be delivered to the superintendent, together with a warrant of commitment. sentenced by police fine. for of XI. Whenever any person is sentenced by a magistrate Delivery of persons of police for the town of Calcutta, Madras, or Bombay, to imprisonment either absolutely or for default of payment of any fine imposed by any such magistrate, or is committed to prison for failure to find security to keep the peace and to be of good behaviour, the magistrate shall cause him to be delivered to the superintendent, together with a warrant of the court. XII. Every person committed by a justice of the peace or magistrate or coroner for trial by the high court in the exercise of its original criminal jurisdiction, shall be delivered to the superintendent, together with a warrant of commitment, directing him to have the body of such person before the court for trial; and the superintendent shall, as soon as practicable, cause such person to be taken before the court at a criminal session of the said court, together with the warrant of commitment, in order that he may be dealt with according to law. XIII. Pending any such enquiry as is mentioned in Section 8 of Act No. XXIII. of 1861 (to amend Act VIII. of 1859), which the high court considers it necessary to make, the defendant may be delivered by the officer of the said court to the superintendent, subject to the provisions Delivery of persons committed by justice or magistrate or coroner for trial by high court. Custody, pending en- Delivery of persons arrested in pursuance of warrant of high court or small cause court. Warrants under re as to deposit of fees and as to release on security contained in the same section; and the superintendent is hereby authorized and required to detain such defendant in safe custody until he is re-delivered to the officer of the court for the purpose of being taken before the said court in pursuance of an order of the said court or of a judge thereof, or until he is released by due course of law. XIV. Every person arrested in pursuance of a writ, warrant, or order of the high court, in the exercise of its original civil jurisdiction, or in pursuance of a warrant of any court established in Calcutta, Madras, or Bombay under Act No. IX. of 1850 (for the more easy recovery of small debts and demands in Calcutta, Madras, and Bombay), or in pursuance of a warrant issued under Section 3 of this Act, shall be brought without delay before the court by which, or by a judge of which, the writ, warrant, or order was issued, awarded, or made, or before a judge thereof, if the said court, or a judge thereof, is then sitting for the exercise of original jurisdiction; and if such court, or a judge thereof, is not then sitting for the exercise of original jurisdiction, shall, unless a judge of the said court otherwise orders, be delivered to the superintendent for intermediate custody, and shall be brought before the said court, or a judge thereof at the next sitting of the said court, or of a judge thereof for the exercise of original jurisdiction, in order that such person may be dealt with according to law; and the said court or judge shall have power to make or award all necessary orders or warrants for that purpose. XV. Any warrant of commitment under Regulation III. gulations for con- of 1818 of the Bengal code (for the confinement of State finement of state prisoners. Prisoners), Regulation II. of 1819 of the Madras code (for the confinement of State Prisoners,) and Regulation XXV. of 1827 of the Bombay code (for the confinement of State Prisoners, and for the attachment of the Lands of Chieftains and others for reasons of State), may be directed to the superintendent in the same manner as the same might have been directed to the sheriff under Act No. XXXIV. of 1850 (for the better custody of State Prisoners), and Act No. III. of 1858 (to amend the Law relating to the arrest and detention of State Prisoners). III.-Prisoners in the Mofussil. XVI. Officers in charge of prisons situate outside the local limits of the ordinary original civil jurisdictions of the high courts of judicature at Fort William, Madras and Bombay, shall be competent to give effect to any sentence or order or warrant for the detention of any person passed or issued by any court or tribunal acting under the authority of Her Majesty, or of the Governor-General in Council, or of any local Government. Officers in charge of prisons may give effect to sentences of certain courts. such court to be sufficient authori ty. XVII. A warrant under the official signature of an Warrant of officer of officer of such court or tribunal shail be sufficient authority for holding any prisoner in confinement, or for sending any prisoner for transportation beyond sea, in pursuance of the sentence passed upon him. XVIII. Any officer in charge of a prison doubting the legality of any warrant sent to him for execution under this Part, or the competency of the person whose official seal and signature are affixed thereto to pass the sentence and issue such warrant, shall refer the matter to the local Government, by whose order on the case such officer and all other public officers shall be guided as to the future disposal of the prisoner. Pending any such reference, the prisoner shall be detained in such manner and with such restrictions or mitigations as may be specified in the warrant. XIX. The local Government may authorize the reception, detention, or imprisonment in any place under such Government, for the periods specified in their respective sentences, of persons sentenced within the territories of any native prince or state in alliance with Her Majesty, to Procedure where jailor doubts the legality of warrant sent to him for execution. Imprisonment in British India of persons convicted of certain offences in native states. |