Punjab Prison Law

THE PRISONERS ACT, 1900 (Punjab Act III of 1900)   The Prisoners Act, 1900, specifically Punjab Act III of 1900, is a significant piece of legislation governing the treatment, rights, and management of prisoners within the Punjab province of Pakistan. This act outlines the legal framework for the confinement, care, and rehabilitation of individuals in correctional facilities, with a strong emphasis on ensuring humane treatment and due process. It plays a vital role in upholding the rights and dignity of prisoners while also addressing the various aspects of their incarceration. C O N T E N T S PART — I PRELIMINARY Sections Short title and extent. Definitions. PART II GENERAL Officers incharge of prisons to detain persons duly committed to their custody. 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 References in this Part to prisons, etc., to be construed as referring also to Reformatory Schools. Power for officers incharge of prisons to give effect to sentences of certain Courts. Warrant of officer of such Court to be sufficient authority. Procedure where officer incharge of prison doubts the legality of warrant sent to him for execution under this Part. 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 References in this Part to prisons, etc., to be construed as referring also to Reformatory Schools. Removal of prisoners. Lunatic prisoners how to be dealt with. [Repealed] PART VII PERSONS UNDER SENTENCE OF TRANSPORTATION Appointment of places for confinement of persons under sentence of transportation and removal thereto. PART VIII DISCHARGE OF PRISONERS 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 References in this Part to prisons, etc. to be construed as referring also to Reformatory Schools. Power for Civil Court to require appearance of prisoner to give evidence. District Judge in certain cases to countersign orders made under section 35. Power for certain Criminal Courts to require attendance of prisoner to give evidence or answer to charge. Order to be transmitted through Magistrate of the district or sub-division in which person is confined. Procedure where removal is desired of person confined more than one hundred miles from place where evidence is required. Persons confined beyond limits of appellate jurisdiction of High Court. Prisoner to be brought up. Power to Government to exempt certain prisoners from operation of this Part. Officer incharge of prison when to abstain from carrying out order. Commissions for examination of prisoners Commissions for examination of prisoners. Commissions for examination of prisoners beyond limits of appellate jurisdiction of High Court. Commission how to be directed. Service of process on prisoners Process how served on prisoners. Process served to be transmitted at prisoner’s request. Miscellaneous [Repealed] Deposit of costs. Power to make rules under this Part. Power to declare who shall be deemed officer incharge of prison. [Repealed] THE FIRST SCHEDULE THE SECOND SCHEDULE THE THIRD SCHEDULE [Repealed]   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 Short title and extent.— (1) This Act may be called the Prisoners Act, 1900; [(2)  It extends to the whole of Pakistan]. [(3) * * * * * * * * * * * *] 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 [Provincial Government], by general or special order, to be a subsidiary jail. PART II GENERAL 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. 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 [EXECUTION OF SENTENCES] 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. Power for officers incharge of prisons to give effect to sentences of certain Courts.— (1) Officers in charge of prisons [* * *] 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 [the Provinces [* * *], under the general or special authority of [the [Federal Government], or of any Provincial Government, or of the Government of Burma] [or of any Court or tribunal which was before the twenty-third day of March, 1956, acting