The Presidency Jails Act 1867, 12 of 1867, (Rep., Act 5 of 1871)

Section 12. Every

Repealed or not in force · As amended up to 2026-08

12. Every , i I t 1 ! t I \ ACT No. . XJI . `OF` 1867. 12. Every person committed by a Justice .of the Peace or Magistrate 'or ' Persons committed by Coroner for trial by the High Court in the exercise of its Justice Nagistrate original Criminal jurisdiction, shall be delivered to the said for tr~al by High Cowt to be delivered to Superintendent, together with a warrant of commitment Superintendent with warraut. directing him to have the body -of such person before the Court for trial, and such Superintendent shall as soon as practicable cause such person to be taken before the Court at a Criminal Session of the said Court, together with the wafrant of commitment, ' in order that such person may be dealt Committals by Cora-[with according to law. Every person committed by a Coroner ] new. shall be delivered to the said Superintendent, together with a warrant of commitment. 13. Pending any such enquiry as is mentioned in Section 8 of Act No. ~ u s t o d y priding enXXIII of 1861 (to a??helzd Act YIII of 1869), which the under Act Of 1861, SeC-[High Court may consider ][it ][necessary to make, the defendant ] !$?gfI tion 8. may be delivered by the officer of the said Court to the said ' Superintendent, subject to the provisions a6 to deposit of fees and as to release, on security contained in the same Section, and such Superintendent is hereby authorized and required to detain such defendant in safe custody until he shall be re-delivered to the officer of the Court for the purpose of being taken before the said Court in pursuance of an order of the said Court or of a Judge thereof, or until he shall be released b;y due course of law. 14.- Every person arrested in pursuance of a writ, warrant or order of Persons arrested in the High Court in the exercise of its original Civil jurisdicpurmance of warrant o f ~ i g h ~ o u r t o r small[tion, or in pursuance of a warrant of any Court established ] Cause to be in Calcutta, Madras or Bombay under Act No. IX of 1850 delivered to Superintendent. (for Ihe more emy recovery of small debts and demands in Calcutta, Madyam and Bombay), or in pursuance of a warrant issued under Section 3 of this Act, 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 shall be then sitting for the exercise of original jurisfiolion ; and if such court or a Judge thereof shall not be then sitting for the exercise of original jurisdiction, shall, unless a Judge of the said Court shall otherwise order, be delivered to the said Superintendent for intermediate custody, and shall'be brought before the s&d Court or a Judge thereof at the next sitting of the said Court or of a Judge thereof 32 AOT Eo. XEZ og $8%?; thereof for the exercise of original juris.diction, in order that such person may , be dealt with according to< law ; and the said Court or Judge shall havc power to makk or award all necessary orders or warrants for that purpose. `15.` All persons confined in. the Great Jail of Calcutta, or in any of the Persons confined in[jails of the towns of Madras or Bombay under process or ] Great Jail of Calcutta or jails of Madras or sentence of any of Her Majesty's late Supreme Courts of Bombay shallbe deem- Judicature or of the High Gourts, or of any Magistrate, shall ed to be in custody of Superintendent. be considered to be and shall remain in the custody of the said Superintendent according to the terms of the warrants under which they shall have been respectively committed to custody. 16. Any warrant of commitment under Regulation I11 of 1818 of the Warrant under ReBengal Code (for the conjinement of fitate prisoners), Regugulation 111 of 1818, lation I1 of 1819 of the Madras Code (for the confinement of Ben a1 Code, Regulation% of 1819, Madras State prisoners), and Regulation XXV of 1827 of the BomCode, and Regulation 'XXV of 1827, Bombay Code (for the conJnement of State prisoners, and for the bay Code, may be directed to Superintend- attachment `of` the lands of chieftains and olhers, for reasons ent. of State), may be directed to the said Superintendent in the same manner as the same might have been directed to the Sheriff under Act No. XXXIV of \I850 (for the better custody `qf` State prisoners), and Act No. 111 of 1858 (to m e n d the law relating to the arrest and detention of State prisoners). 17. The provisions contained in the Statute 11 Vic., cap. 21 (to cofisoli- date and m e n d the laws relatirvg to insolvent debtors &n Provisions of Statute 11 Vic., cap. `21,` as India), relating to persons in prison or liable to be arrested to prisoners, to extend to in custody[or detained in or remanded or recommitted to, or entitled to ] of Superintendent, be discharged from, prison within the limits of the towns of Calcutta, Madrasand Bombay respectively, shall apply to all persons in the custody of the said Superintendent, or liable to be delivered to or entitled to be dischafged from his custody.[- ] , 18.[Section ][25 ][of Act No. XLVIII of 1860 ] [(to m e n d Act No. ][X I I I ][of ] 1856, for regulating the Police of the Towns of Calcutta, Construction of Section 25 of A C ~ NO. [Madras and Bombay, m d the several statiolzs of the, Settle- ] xLVrU Of l8''' - ment of Prince of Wales' Islaad, Singapore and Malacca), &all be construed in Madras and Bombay as if the words " Superintendent of ' of Jails for the town of Madras" or ccBombay," as the cage may be, were subsliluted fur Ihe words '<Keeper or Governor `of` the `Jail` or House uf Correction." +. 19. This Act shall come into operation in .Caloutts at once, and in Commencemenb of 'Madras and Bombay respectively, from 'such date as the act. Local Government shall notify in the local ' Gazette. * `20.`[This Act ][may. ][be called ][" ][The Preqid'ency Jails' ] Short title. Act, 1867." I SCHEDULE. a 8 ' ACT No. XI1 OF `1867.` 34 |~Grnber<br>anddate<br>ofActs.|~Grnber<br>anddate<br>ofActs.|~Grnber<br>anddate<br>ofActs.|~Grnber<br>anddate<br>ofActs.|~Grnber<br>anddate<br>ofActs.|Title.||Extentof|repeal.| |---|---|---|---|---|---|---|---|---| |||||||-|-|| |No.|XXIVof '1865.|||of '1865.|To substitute penal servitude for the punishment|section8.||| ||||||of transportation in respect of European and|||| ||||||American convicts, and to amend the law|||| |||L|||.relating to the removal of such convicts.|||| |No.XVIIIof^186%.|||||186%.<br>'l!oCrepeal ActXVIof 1852 in those parts of|Sections 47, 48,49,||| |.<br>-|||||British India i n which the Indian Penal<br>Code is in force, and to re-enact some of the|Code is in force, and to re-enact some of the|50,51 and52.|| ||||||provisions thereof with amendments,<br>and|and||| ||||||furthertoimprove the administration of|||| ||||||Criminal justice in Her Majesty's Supreme|Criminal justice in Her Majesty's Supreme||| ||||||Courts of Judicature.|||| |No.|No.XXVof 1863.|||of 1863.|To empower Judges of the High Court and other|The whole.||1| ||||||authorities at FortWilliamin' Bengal,t.0|||| ||||||direct convictstobe imprisoned 'either -in the|||| ||||||House of Correction, or the Great Jail of|||| ||||||Calcutta; and to authorize the transfer of pri-|||| ||a|.|||soners, in certain cases, from the House of|||| ||||||aCorrectiontothe Great Jail, and from the|the Great Jail, and from the||| ||||||'Great Jail to the House of Correction.|||| ||||||8|||| |No.XI1|||XI1of 1865.||To amend the law relating to the custody of pri-|To amend the law relating to the custody of pri-<br>The 'whole.-||-| |||||e|'soners within the local limits of the original|soners within the local limits of the original||| ||||||jurisdiction of Her Majesty's High Court of|||| ||||||Judicature at Fort William in Bengal.||||

Source: India Code