The Prisoners Act, 1871, 5 of 1871 (Rep., Act 1 of 1938 )

Section 9. TVlieaever ally Juclge of a High Court ~ Y L E L ~ ~ C S , ~mcler ally Act for the time being in force for puiiish

Repealed or not in force · As amended up to 2026-08

9. TVlieaever ally Juclge of a High Court ~ Y L E L ~ ~ C S , ~mcler ally Act for the time being in force for puiiish- I'.~'~soIzcI's~ [ACIT v of lbe A.rmy and their quarters, an order for the intermediate custody of an offender sentenced by a Court Martial holclen in India, the Judge shall orde sucli offender to be detained for intermediate custody by the Superintendent. Colllmittals 10, Wllene~~er any person is committed by the Court i,lese- High Court, whethei: in execution of a decree or for cution of a contempt of Court, or other cause, he shall be taken decree or for by the officer to be appointed for that purpose by such Court, and shall be delivered to the Superintendent, together with a warrant of commitment. Deilve~y of 11. Whenever any person is sentenced by a Matenced persons sen- persons sengistrate of l'olice for the town of Calcutta, Madras, police-~agis- or i30mbap, to imprisonment, either absolutely or for default of payment of any fine imposecl by any such Magistrate, or is conzrnitted to prison for failure to find security to lreep the peace and to be of good behaviour, the Magistrate shall cause liinl to be delivered to tlie Superintendent, together with a warrant of the Court. Deilve~y of tenced persons sen- persons sen- 12.[Every person committed by ] a[Justice of the ] persons com- ulitted ulitted by Peace or Magistrate or Coroller for trial by the High Justice or Court in the exercise of its original criminal jurisMagistrat,e Coroi~er for Or Coroi~er for Or Or diction shall be delivered to the Superintendent, totrialby High gether niith a warrant of commitment, direct6ng hiin to have the body of such person before tlie Court for trial, and the Superintendent shall, as sooii as practicable, cause such persoh to be taken before the Court at a Criminal Session of the said Court, together with the warrant of commitment, in order that he may be dealt with according to lam. persons com- ulitted ulitted by Justice or Magistrat,e Coroi~er for Or Coroi~er for Or Or 13. Pending any such enquiry as is meiltioned qU;,ie, ill section eiglit of Act No. XXIII of 1861 (to a?ne?zd a c t XXIII of XXIII of of Act TI11 qf l859), which the nigh Court considers 18G1, section it necessary to make, the defelidaiit may be delivered by tlie officer of the said Court to the Superintendent, sul~jec t o the provisions as to deposit of fees and as , to release on security contained in the same section, . qU;,ie, a c t XXIII of XXIII of of Act TI11 qf l859), which the nigh Court considers , and the Superilltendent is hereby authorizecl ancl required to detain such defendant in safe custody until he is re-dclivcred to thc officer of the Court for tllc purpose of being tttlica bcfore the said Cou1.t. in * pUrS""11"e 0 , P~'~soucI'~. 39 pnrsuance of ,211 orcler of the said Court or of a Juclge thereof, or until he is released by duo coursc of law. 14.[Every persoil arrested in pursuance ][of ][a ][writ, ] ~~a,rrant,, or order of the Eigh Court, in the exercise of its original civil jurisdiction, or ill pursua:nce of a marraiit of any Court eslablished in Calcutta, Madras, or Ronibay under Act No. I X of 1850 ( f o ~ the nzore easy recovercy of SIIZC~ZZ debts and de~~zands iilz Culcz~tta, Nuclrus c11zt-l Bollebc~y), Delivery of pwsons arrested in pursuance of warrant; of Higli Court or Sir~all Cause Coul t. or in pursuance of a. warrant issued under section three of this Act, shall be brought without delay before the Court by ~vhich, or by a Judge of which, tlle writ, marrant, or order was issued, awarded, or macle, or before a Judge thereof, if the said Court, or a Judge thereof, is then sitting for the exercise of original jurisdic- and if such Conrt, or a Judge thereof, is not tlien sit.ting for tlie exercise of original jurisdiction, ~ s h d l , unless a Judge of the. said Court otherwise orders, be delivered to the Superintendent for intermediate custody, and shall be brought before the said Court, or a Judge tliere~f, at tlie 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 necessayy orders or warrants for 15. Any warrant of commitment under Regulation 111 of 1818 of the Bengal Code (for the CoilzJiilzexulder ?lzent of State P~iso?zersj, Xegulation I1 of 1819 of the Madras Code (fool* the Corfinement of State Prisonof ers), and Regulation XXV of 1827 of the Bornbay soners. Code (fool* tkc Confinement of State Prisoners, uncZfor the Attuchn~e~lt of the Lalzds of Chicftai~zs and olhe?*s, `3 2 .` Xeasons of Slate), may be directed to the Superintendent in tlie same ma:nner a,s t,he sa,mc: might, ha,~f: been clirectecl to the' Slieriff under Act So. XXXIV of 1850 (fool* tlze Zletter Custody of Stccle P~iso~~ers),, and Act No. I11 of 1858 (to ume?zcl the Luto relati~zg Zo the alvles.I uud cleterbt.io?z of State Pol~iso~zers). 6 Warrar~ts xulder Regu lations for coil filieillen t of State pi i- soners. III.--PRIs~NERs

Source: India Code