Repealed or not in force · As amended up to 2026-08
4. It shall be lawful for the Local Government to appoint an officer who shall be called in Calcutta the Superintendent of the PresiLocal Government mRy appoint Superindency jail, and in Madras and Bombay the Superintendent tendent of Presidency of jails for the town of Madras or Bombay, as the case may jail. be, and who shall have authority to receive and keep prisoners committed to his custody under the provisions of this Act.
5. The said jails shall be the jails of Calcutta, Madras and Bombay reSuperintendents to[spectively, and the Superintendents so ][to ][be appointed are ] detain persons com- hereby respectively authorized and required to keep and demitted. tain all persons duly committed to their custody pursuant to the provisions of this Act or otherwise, by any Court, Judge, Justice of the Peace, Magistrate of Police, Coroner or other public officer lawfully exercising Civil or Criminal jurisdiction according to the exigency of any writ, warrant or order by which such person shall have been committed, or until such person shall be discharged by due course of law.
6. (The said Superintendent shall forthwith after the execution of every Superintendents to such writ, order or warrant, except warrants of commitment return writs, &c., after or discharge[for trial, or after the discharge of the person committed there- ] with certificates. by, return such writ, order or warrant %&% or other officer by which or by whom the same shall have made, together with a certificate endorsed thereon and signed by such Superintendent, showing how
h
ACT No. XI1 OF 1867.
30
6 *. .
`L<.:$` . >'$. ,\ `yq?` .$I' : L
-
<
'
.
.
,
how the same has been executed, or why the gerson committed thereby has been discharged from custody before the execution thereof.
7. Whenever any person shall be sentenced by the High Court in the sentencsd.by exercise of its; original Criminal jurisdiction to imprisonment High to lm- or to death, the Court shall cause such: person to be deliverprisonment or death to be delivered to the ed to t'he said Superintendent, togather with the warrant of Superintendent. the said Court, .and such warrant shall be executed by such E~perintende~t and retwned by him to the High Court when executed.
`8.` Whenever any person shall be sentenced by the High Court in the exercise of its original Criminal jurisdiction to transportation[[or penal servitude, the Court shall cause such person to be ]] or be be delivered for intermediate custody to the said Superintendent, and the imprisonment of such person shall have effect from such delivery.
Persons sentenced by 9 i g h Court to trans-[[or penal servitude, the Court shall cause such person to be ]] portation servitude or be be delivered for intermediate custody to the said Superintended for intermediate ent, and the imprisonment of such person shall have effect custody to Superintendent. from such delivery.
9,[Whenever any Judge of a High Court shall, under any Act for the ] time being in force for punishing mutiny and desertion and Order under Mutiny A C ~ for intermefor the better payment of the Army and their quarters, diate custody. make order for the intermediate custody of an offender sentenced by a Court Martial holden in India, the Judge shall order such offender to be detained for intermediate custody by the said Superintendent.
`10.`[Whenever any person shall be committed by the High Court, whe- ] Committals by =igh ther in execution of a decree or for contempt of Court, or Court in execution a decree or for conother cause, such person shall be taken by the officer to be tempt. appointed for that purpose by such Court, and shall be delivered to the said Superintendent, together with a warrant of commitment.
`11.`[Whenever any person shall be sentenced by a Magistrate of Police ] for the town of Calcutta, Madras or Bombay, to imprisonPersons sentenced by hlag~strate toimprisonment, either absolutely or for default of payment of any fine ment, or imprisolled for non-paymentoffine, to imposed by any such Magistrate, or shdl be committed to be delitered to Superintendent with a war-[prison for failure to find secu~ity to keep the peace and $0 be ] rant. of good behaviour, the Magistrate shall cause such person to be delivered to tlie said Superintendent, together with a warrant of the Court.
Source: India Code