5. Warrants, etc., to be directed to Police-officers. -
6.
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.
Power for I[State] Governments to appoint
Superintendents of Presidency prisons. -
The l[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".
1. Substituted by A.O., 1950.
7. Delivery of persons sentenced to imprisonment or death
by High Court. -
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.
8. Delivery of persons sentenced to transportation by High
Court.-
Where any person is sentenced by the High Court in
the exercise of its original criminal jurisdiction to
transportation 1 [* *] the Court shall cause him to be
delivered for intermediate custody to the Superintendent,
and the transportation 1[* *] of such person shall be deemed
to commence from such delivery.
9. Delivery of persons committed by High Court in
execution of a decree or for contempt. -
Where any person is committed by the High Court,
whether in execution of a decree for contempt of Court or for
1. The words "or penal servitude" were omitted by the Criminal Law
(Removal of Racial Discrimination) Act, 1949 ( 17 of 1949), w. e. f. 6-4-
1949.
any other cause, the Court shall cause him to be delivered to
the Superintendent, together with its warrant of
commitment.
10. Delivery of persons sentenced by Presidency Magistrates.
Where any person is sentenced by a Presidency
Magistrate to imprisonment, or is committed to prison for
failure to find security to keep the peace or to be of good
behaviour, the Magistrate shall cause him to be delivered to
the Superintendent, together with his warrant.
11. Delivery of persons committed for trial by High Court. -
Every person committed by a Magistrate, l[or Justice
of the Peace] 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 the Superintendent to produce 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 thereof, together with the warrant of
commitment, in order that he may be dealt with according to
law.
1. Substituted for the words "Justice of the Peace or Coroner" by the
Coroners (Amendment) Act, 1908 (4 of 1908).
12. Custody pending hearing by High Court under Section
350 of the Code of Civil Procedure of application for
insolvency. -
The High Court may, pending the hearing, under
Section 350 of the Code of Civil Procedure, of any application
for a declaration of insolvency, cause the judgment-debtor
concerned to be delivered to the Superintendent, subject to
the provisions as to release on security of Section 349 of the
said Code, and the Superintendent shall detain the said
judgment-debtor in safe custody until he is redelivered to an
officer of the High Court for the purpose of being taken
before it in pursuance of its order, or until he is released in
due course of law.
13. Delivery of persons arrested in pursuance of warrant of
High Court or Civil Court in Presidency-town. -
( 1) 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
Civil Court established in a Presidency-town under
any law or enactment for the time being in force, or in
pursuance of a warrant issued under Section 5, 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.
(2) If the said Court, or a Judge thereof, is not then sitting
for the exercise of original jurisdiction, such person
arrested as aforesaid shall, unless a Judge of the said
Court otherwise directs, 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.