28. 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[29. Removal of prisoners. -
(1) The 2[State Government] may, by general or special
order, provide for the removal of any prisoner confined
in a prison1. Substituted for the original section by the Amending Act, 1903 (I of
1903).
2. Substituted for the words "Provincial Government" or word "Province" by
A.O., 1950.
(a) under sentence of death, or
(b) under, or in lieu of, a sentence of imprisonment
or transportation, or in default of payment of a
fine, or
(c) in default of payment of a fine, or
(d) in default of giving security for keeping the peace
for maintaining good behaviour,
or any other prison in 3(the State 4[* * *]
(2) S[Subject to the orders, and under the control, of the
6(State Government], the Inspector-General of Prisons
may, in like manner, provide for the removal of any
3. Substituted for the words "British India or to any prison in Berar" by
A.O. 1937. The words "or to any prison in Berar" were added by the
Prisoners (Amendment) Act, 1923 ( 17 of 1923).
4. The words "or, with the consent of the State Government concerned, to
any prison in any other State" were omitted by the Transfer of Prisoners
Act, 1950 (29 of 1950), w. e. f. 12-4-1950.
5. Substituted for the words "The Local Government, and (subject to its
orders and under its control)" by A.O., 1937.
6. Substituted for the words "Provincial Government" or word "Province" by
A.O., 1950.
prisoner confined as aforesaid in a prison in the 5[State] to
any other prison in 7[the State] B[* * *].
30. Lunatic prisoners how to be dealt with. -
(1) Where it appears to the I[State] Government that any
person detained or imprisoned under any order or
sentence of any Court is of unsound mind, the 1 [State]
Government may, by a warrant setting forth the
grounds of belief that the person is of unsound mind,
order his removal to a lunatic asylum or other place of
safe custody within the I[State] there to be kept and
treated as the 1 [State] Government directs during the
reminder of the term for which he has been ordered or
sentenced to be detained or imprisoned, or, if on the
expiration of that term it is certified by a medical
officer that it is necessary for the safety of the prisoner
7. Substituted for the word "Province" by A.O., 1950.
Province for his removal to any other prison in the Province or to any
prison in Berar", which has been added by Act 17 of 1923, Section 2,
were omitted by A.O., 1937 (1-4-1937).
8. The words "or, in the case of a prisoner so confined in a prison in the
Central Provinces for his removal to any other prison in the Province or
to any prison in Berar", which has been added by Act 17 of 1923, Section
2, were omitted by A.O., 1937 (1-4-1937).
1. Substituted for the word "Provincial" or "Province" by A.O., 1950.
or others that he should be further detained under
medical care or treatment, then until he is discharge
according to law.
(3) Where it appears to the 1 [State] Government that the
prisoner has become of sound mind, the State
Government shall, by a warrant directed to the person
having charge of the prisoner, if still liable to be kept
in custody, remand him to the prison from which he
was removed, or to another prison within the State, or,
if the prisoner is no longer liable to be kept in custody,
order him to be discharged.
(4) The provisions of Section 9 of the Lunatic Asylums
Act, 1858, shall apply to every person confined in a
lunatic asylum under sub-section shall be reckoned as
part of the term of detention or imprisonment which
he may have been ordered or sentenced by the Court
to undergo.
2((4) In any case in which the I[State] Government is
competent under sub-section ( 1) to order the removal
of a prisoner to a lunatic asylum or other place of safe
1. Substituted for the word "Provincial" or "Province" by A.O., 1950.
2. substituted for the original sub-section (4) by the Devolution Act, 1920
(XXXVIII of 1920).
custody within the l[State] Government may order his
removal to any such asylum or place within any other
l[State] or within 3[any part of India to which this Act
does not extend] by agreement with the l[State]
Government of such other 1 [State] 4 [* * *]; and the
provisions of this section respecting the custody,
detention, remand and discharge of a prisoner removal
under sub-section (1) shall, so far as they can be made
applicable, apply to a prisoner removed under this
sub-section.]
31. Removal of prisoners from territories under one Local
Government to territories under another. - [Repealed by
the Amending Act, 1903 ( 1 of 1903).]