14. 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.
1[15. Power for officers in charge of prikson to give effect to
sentence of certain Courts. -
( 1) Officers in charge of prisons outside the Presidency -
towns 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 States under the general or
special authority of the Central Government, or
of any State Government, or of the Government
of Burma, or by any Court or tribunal, which
1. Substituted by A.O., 1950.
was before the commencement2 of the
Constitution acting under the general or special
authority of His Majesty, or of the Crown
Representative; or
(b) before the 26th January, 1950, by any Court or
tribunal in any Indian State -
(i) if the presiding Judge, or if the Court or
tribunal consisted of two or more Judges,
at least one of the Judges, was an officer
of the Crown authorised to sit as such
Judge by the State or the Ruler thereof or
by the Central Government or the Crown
Representative; and
(ii) if the reception, detention or
imprisonment in any Province of India of
persons sentenced by any such Court or
tribunal had been authorised by general
or special order by the State Government:
3(*]
* * * * * *].
2. That is, 26th January, 1950.
3. The word 'or' and cl. (c) were omitted by A.O. (2) of 1956.
Provided that effect shall not be given to
any sentence or order or warrant for
detention passed or issued by any Court
or tribunal in Burma without the previous
sanction of the State Government
concerned.
(2) Where a Court or tribunal of such an Indian State as
aforesaid had passed a sentence which could not have
been executed without the concurrence of an officer of
the Crown, and such sentence had been considered on
the merits and confirmed by any such officer specially
authorised in that behalf, such sentence, and any
order or warrant issued in pursuance thereof, shall be
deemed to be the sentence, order or warrant issued in
pursuance thereof, shall be deemed to be the sentence,
order or warrant of a Court or tribunal acting under
the authority of the Central Government or the Crown
Representative.]
16. Warrant of officer of such Court to be sufficient
authority. -
A warrant under the official signature of an officer of
such Court or tribunal as is referred to in Section 15 shall be
sufficient authority for holding any person in confinement, or
for sending any person for transportation, in pursuance of
the sentence passed upon him.
17. Procedure where officer in charge of prison doubts the
legality of warrant sent to him for execution under this
Part. -
( 1) Where an officer in charge of a prison doubts the
legality of a warrant or order sent to him for execution
under this Part, or the competency of the person,
whose official seal or signature is affixed thereto to
pass the sentence and issue the warrant or order, he
shall refer the matter to the I[State Government], by
whose order on the case he and all other public
officers shall be guided as to the future disposal of the
prisoner,
(3) Pending a reference made under sub-section (1), the
prisoner shall be detained in such manner and with
such restrictions or mitigations as may be specified in
the warrant or order.
18. Execution in the States of certain capital sentences not
ordinarily executable there. -
(1) Where a 2[Court established by the authority of the
Central Government] exercising, in or with respect to
territory beyond the limits of the States, jurisdiction
1. Substituted for the words "Provincial Government" by A.O., 1950.
2. Substituted the words "for British Court" by A.C.A.O., 1948.
which 3(the 4[Central Government]] has in such
territory, -
(a) has sentenced any person to death, and
(b) being of opinion that such sentence should, by
reason of there being in such territory no secure
place for the confinement of such person or no
suitable appliances for his execution in a decent
and humane manner, be executed in the States
has issued its warrant for the execution of such
sentence to the officer in charge of a prison in
the States.
such officer shall, on receipt of the warrant,
cause the execution to be carried out at such
place as may be prescribed therein in the same
manner and subject to the same conditions in
all respects as if it were a warrant duly issued
under the provisions of Section 381 of the Code
of Criminal Procedure, 1898.
3. Substituted the words "the Governor-General in Council" by A.O., 1937.
4. Substituted the words "crown" by A.C.A.O., 1948.
(2) The prisons of which the officers in charge are to
execute sentences under any such warrants as
aforesaid 4 [ shall in each State be such as the State
Government] may, be general or special order, direct.
5[(3) * * * * *]