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Proviso.

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dacoity with murder,

robbery or dacoity with attempt to cause death or grievous hurt,

attempt to commit robbery or dacoity when armed with a deadly weapon,.

making preparation to commit dacoity,

belonging to a gang of dacoits,

dishonest misappropriation of property,

breach of trust,

house-burning,

house-breaking,
forgery, and

theft of cattle;

or for an attempt to commit any of the above offences, or for abetment within the meaning of the Indian Penal Code of suicide by burning or burying alive, or of any of the other offences above specified,

or for such other offences as the Governor-General in Council, from time to time, by order published in the Gazette of India, thinks fit to prescribe:

Provided that such sentences have been pronounced after trial before a tribunal in which an officer of Government, duly authorized in that behalf by such native prince or state, or by the Governor-General in Council, is one of the presiding judges.

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tion.

XX. Every officer of Government so authorized as afore- Certificate of convic said shall forward with every prisoner a certificate of his Copy of proceedings. conviction, and a copy of the proceedings held at the trial, that the same may be forthcoming for reference at the place where the sentence of imprisonment or transportation is carried into effect.

IV.-Convicts sentenced to Penal Servitude.

XXI. Every person sentenced to be kept in penal Person sentenced to servitude may, during the term of the sentence, be confined

penal servitude where sent, and how dealt with.

in such prison within British India as the Governor-General in Council by general order, from time to time, directs; and may, during such time, be kept to hard labour; and may, until he can conveniently be removed to such Intermediate impriprison, be imprisoned with or without hard labour, and dealt within all other respects as persons sentenced by the convicting court to rigorous imprisonment may, for the time being, by law be dealt with.

soument.

to

imprisonment count in discharge of sentence,

The time of such intermediate imprisonment, and the Time of intermediate time of removal from one prison to another, shall be taken and reckoned in discharge or part discharge of the term of the sentence.

XXII. All Acts and Regulations now in force within British India with respect to convicts under sentence of transportation or under sentence of imprisonment with hard labour, shall, so far as may be consistent with the express provisions of this Act, be construed to apply to persons under any sentence of penal servitude.

XXIII. The Governor-General in Council may grant to any convict sentenced to be kept in penal servitude, a licence to be at large within British India or in such part thereof as in such licence is expressed, during such portion of his term of servitude, and upon such conditions as to the Governor-General in Council seem fit.

The Governor-General in Council may at any time revoke or alter such licence.

Law respecting con

or

victs sentenced to transportation imprisonment with hard labour applied to persons sentenced to penal servitude.

Power

grant

to licence to convict sentenced to penal servitude.

XXIV. So long as such licence continues in force and Holder of licence to unrevoked, such convict shall not be liable to imprisonment

or penal servitude by reason of his sentence, but shall be

be allowed to go at

Apprehension of con. vict where licence revoked.

Execution of warrant.

Apprehended convict to be brought up

allowed to go and remain at large according to the terms of such licence.

XXV. In case of the revocation of any such licence as aforesaid, any secretary to the Government of India may, by order in writing, signify to any justice of the peace or magistrate that such licence has been revoked, and require him to issue a warrant for the apprehension of the convict to whom such licence was granted, and such justice or magistrate shall issue his warrant accordingly.

XXVI. Such warrant may be executed by any officer to whom it may be directed or delivered for that purpose in any part of British India, and shall have the same force in in any place within British India as if it had been originally issued or subsequently endorsed by the justice of the peace, or magistrate, or other authority having jurisdiction in the place where the same is executed.

XXVII. The convict, when apprehended under such for re-commitment. warrant, shall be brought, as soon as conveniently may be, before the justice or magistrate by whom it has been issued,

Re-commitment.

Penalty for breach of condition of the licence.

or before some other justice or magistrate of the same place, or before a justice or magistrate having jurisdiction in the district in which the convict is apprehended.

Such justice or magistrate shall thereupon make out his warrant under his hand and seal for the re-commitment of the convict to the prison from which he was released by virtue of the said licence.

XXVIII. Such convict shall be recommitted accordingly, and shall thereupon be liable to be kept in penal servitude for such further term as, with the time during which he may have been imprisoned under the original sentence and the time during which he may have been at large under an unrevoked licence, is equal to the term mentioned in the original sentence.

XXIX. If a licence be granted under Section 23 upon any condition specified therein, and the convict to whom the licence is granted violates any such condition' or goes beyond the limits specified in the licence, or, knowing of the revocation of such licence, neglects forthwith to surrender himself, or conceals himself, or endeavours to

avoid being apprehended, he shall be liable upon conviction to be sentenced to penal servitude for a term not exceeding the full term of penal servitude mentioned in the original sentence.

V-Removal of Prisoners.

jail to another in territories under local Government.

XXX. When any person is, or has been sentenced to Removal from one imprisonment by any court, the local Government, or (subject to its orders and under its control) the inspectorgeneral of jails, may order his removal during the period prescribed for his imprisonment, from the jail or place in which he is confined to any other jail or place of imprisonment within the terrritories subject to the same local Government.

XXXI. Whenever it appears to the local Government Removal of lunatic prisoners. that any person detained or imprisoned under any order or sentence of any magistrate or court is of unsound mind, such Government, by a warrant setting forth the grounds of belief that such person is of unsound mind, may order his removal to a lunatic asylum, or other fit place of safe custody within the territories subject to the same Government, there to be kept and treated as the local Government directs during the remainder of the term of imprisonment ordered by the sentence; or, if it be certified by a medical officer that it is necessary for the safety of the prisoner or others that he should be detained under medical care or treatment, then until he is discharged according to law.

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When it appears to the said Government that such pri- Remand on recovery. Discharge. soner has become of sound mind, the local Government, by a warrant directed to the person having charge of the pri'soner, shall remand the prisoner to the prison from which he was removed, if then still liable to be kept in custody, or if not, shall order him to be discharged.

The provisions of Section 9 of Act XXXVI. of 1858 (relating to Lunatic Asylums) shall apply to every person confined in a lunatic asylum under this section after the expiration of the term of imprisonment to which he has been sentenced; and the time during which he has been so confined shall be reckoned as part of such term.

Act XXXVI. of 1858 Section 9, applied to prisoners in lunatic asylum.

XXXII. When any person is, or has been sentenced to Government of India

imprisonment by any court, the Governor-General in

may order removal of prisoners frout

other.

one prison to an Council may order his removal during the period prescribed for his imprisonment from the prison in which he is confined to any other prison in British India.

Power to appoint

persons to whom

VI.-Management of Transported Convicts.

XXXIII. The Governor-General in Council may appoint convicts shall be the Governor or other authority at any place in British India, or one or more superintendents at any such place, as the persons to whom convicts undergoing transportation

delivered.

Power to make rules as convicts.

Discharge of convicts recommended for pardon.

shall be delivered.

XXXIV. The Governor-General in Council may, from time to time, prescribe rules as to the following matters :the classification of convicts;

their confinement, treatment, discipline, and employment; their punishment for misbehaviour, disorderly conduct, neglect, or disobedience; and

the manner in which the proceeds (if any) of their employment shall be disposed of.

VII.-Discharge of Convicts.

XXXV. Any court established under the 24th & 25th of Victoria, chapter 104, may in any case in which it has recommended to Her Majesty the granting of a free pardon to any convict, permit him to be at liberty on his own recognizance.

Number and year
of Act.

SCHEDULE.
(See Section 2.)

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