Repealed or not in force · As amended up to 2026-08
18. Any officer i11 charge of a prison doubting the legality of any warrant sent to him for execution under this Part, or the c ~ i ~ ~ p c t c n ~ g of the person n liose official seal and signature are &xed thereto to pass the sente'hce and issue such warrant, shall refer the rnatter to the Local Government, by 11-liose order on tlle case such officer and all other public officers shall be guidecl as to tlie future disposal of the prisocer.
Procedure xv11 erc ,jailor dollhts the legality OF nTai,rau t Lent to hiiu for execution.
Pending any such reference, the prisoaer shall be detained in such manner and with such rest~ictions or mitigntions as may be specified i11 the warrant.
Imprison19. The Local Government may authorize the ment in B~itish indir~[reception, detention, br irnprisol~ment in any place ] of persons u~ider such Goverainent, for the periods specified in convicted of their respective seuteiices, of persons sentenced withcertain o~encesi,l in the territories of any Native Prince or State EJativeStat~s. in alliance with Her Majesty to imprisonment or transportation for any of the following offences :-
counterfeiting coin,
uttering counterfeit coin,
,
culpable horn icide not amo~~iiti n `g` to III iarcler,
administering poison,
Priso~zc~s.
sclliilg minors for l?urposcs of prostitut~ion,
clacoity with murder,
attempt to coinniit robbery oil dacoity when armed
with a cleadly ~veal~oi~,
n~aliii~g preparation to commit dacoity,
belonging to a gang of clacoits,
dishoilest misappropriation of property,
.breacll of trust,
theft of cattle ;
or foY an attempt to commit any of the above
or forabetment, 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 :
P~~ovicled that such sentences l-~ave. been pronounced after trial before a tribunal in which an officer of Govcrnmcnt, duly authorized in that behalf by such Native Prince or State, or by the Governor General in Council, is one of the presiding Judges.
been pronounced Proviso.
20. Every oEcer of Government so authorized as Cert,ificRt,e.of aforesaid shall forward n7it.h every prisoner acertifi- conviction. cate of his conviction, and a copy of the proceedings C O ~ , ~ * O ~ proheld a t the trial, that the same may be forthcoming ceedings. for reference at the place where the sentence of iinprisonment or transportation is carried into effect.
[ACT v
Pi~i.so~ze~s,
SENTESCET) TO 1'~:iii~ S~nvrr-c-n~.
I T T . - - C o ~ ~ - ~ ~ v r s
alicl may, cluring such time, be 1;ept to ha1.d lal~opr ;
coullt in scnlencc.
of tihe term of tlic scntciice.
The Goveriior General in Council may at any tiilie revolie or alter such license.
Holder of 24. So long as such license conti~iues ill force and license to be allon,ed to go unrevoliecl, such convict ,shall not be liable to imprisat large.. onnieilt or l~elial servilucle by reason of his sentence, but shall be allomecl lo go and reiliain at large sccorciing to the terilzs of sucli license.
e
30. Wl~en any person[is, ] or bas bccn, sentencg to imprisonment by any COUT~,, the Local Govei*nment, or (subject to its orders ancl ~ulcler its control) the Inspector General of Jails, may order liis removal during the periocl l~rescri13ecl for his irnprisonmcnt, from the jail or place in which he is confined to any other jail or place of ilxprisonmcnt vitl~in the territories subject to tba same Local Government.
llemuval from one jail to allother in territories undii. Local Govarument.
31.[mThenever ] it[ql3ears to tlie Local ][Government ] that any person, cletainecl or irnprisonect under any order or sentence of any Riagistrate or Couvt is of unsouncl mind, such Government, by a warrant setting forth the grounds of belief tlint such pcrson is of unqouncl mind, may orclcr his rellloval to a lunatic asylum, or other fit place of safe custody, within the territories s~~bject to tlie same Ciovernment, tllcre to be kept ancl trcated as the Local Governilient directs during tlie rernaiilder of the tern1 of iml~risonment ordered by the sentence; or, if it be certifiecl by a meclical officer that it is necessary for the safety of the prisoner or vlhers that he should be cletainecl ullder medical care or treatment, then until he is discba~ged according to law.
When it appears to the said ~ovornm&t that such prisoner bas beconie of souild mind, the Local Government, by a myrant directed to tlie lsersou having charge of the prisouer, shall remand tlie prisoner to the prison from which he \$-as removed, if then still liable to be kept in cnstody, or if not, shall orcler hill1 to be discharged.
Discharge.
Act nxv1 of 1858, section nine, applied to pisoners in lunatic asylum,
The provisions of section nine of Act XXXVI of 1858 (1.clutilzg to `1,zslsatic` Asyluwas) shall apply to every person confined in a lunatic asylunl under this sectiou after tho expiration of the tern1 of imprisonment to which he has been scntencecl; aucl the time during which he has been so confiued shall be reckoned as pmt of such term.
`32.` When any person is, or bas been, senteliced to , imprisonment by any Court, tlie Governor Gclleral in Oouilcil may or~lcr his rei11oval chring the period prescrib'ccl'for his in~prisonill(:nt, from the prison in ~vllicll .llc is confiiiecl to ally otllcr 1)risou ill Britisli India.
Govemlnent of Tildia may order vemova of priso~iers f i q ~ one pris 011 to anolher.
\TI.-BZA~AGE~\IET\TT
VI.-ITAXAGEI~EKT OF TRANSPO~ZTEI)
c ~ x ~ r ~ ~ ; ~ s .
.33.[The Govcrnor Gcneral in Council niay ][ap- ][ POI,^^ ][to all- ] poilit tlie Governor or o tlier aut1lorit.g at any l.)lace 110il!t llcrsol1s l u \\.I10111 cullill Bl.ilish Inclia, or one or more Superintcndelits at. .icts sllall bc ally such place, as the persons to whom convicts un- dcliverod. dergoing transportation shall be delivered.
34. The Governor General in Council may, from Power to time to timc, prescribe rulcs as to thc follo~ving mat- rf;n:':;;."
34. The Governor General in Council may, from Power to time to timc, prescribe rulcs as to thc follo~ving mattcrs :-
tile classification of convicts;
their confinement, treatment, discipline, and cmpiognient ;
their puliishmcut for misbel~a~riour, clisorderly conclnct, neglect, or clisobeclience ; ancl
the manlier in wllicli the proceeds (if any) of thcir en~ployrnent shall be clisposed of.
Source: India Code