Prisoners Act, 1977 (1920 A.D.)
No: 33 Dated: Apr, 01 1978
THE PRISONERS ACT, 1977 (1920 A.D.)
(Act No. XXXIII of Samvat 1977)
An Act to consolidate the law relating to prisoners confined by order of a Court.
Whereas it is expedient to consolidate the law relating to prisoners confined by order of a Court;
It is hereby enacted as follows
Part-I
Preliminary.
1. Short title, extent and commencement. – (1) This Act may be called the Prisoners Act, 1977.
(2) It extends to the whole of the Jammu and Kashmir State. It shall come into force on the 1st day of Baisakh, 1978.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-
(a) "Court" includes any officer lawfully exercising civil, criminal or revenue jurisdiction; and
(b) "Prison" includes any place which has been declared by [the Government], by general or special order, to be a subsidiary jail.
Part-II
General.
3. Officers in charge of a prisons to detain persons duly committed to their custody. - The officer in charge of a prison shall receive and detain all persons duly committed to his custody, under this Act or otherwise, by any Court, according to the exigency of any writ, warrant or order by which such person has been committed, or until such person is discharged or removed in due course of law.
Explanation. - For the purpose of execution, a sentence of "imprisonment for life" shall mean a sentence of imprisonment for 20 years.
4. Officers in charge of prisons to return writs, etc., after execution or discharge. - The officer in charge of a prison shall forthwith, after the execution of every such writ, order or warrant as aforesaid other than a warrant of commitment for trial, or after the discharge of the person committed thereby, return such writ, order or warrant to the Court by which the same was issued or made, together with a certificate, endorsed thereon and signed by him, showing how the same has been executed, or why the person committed thereby has been discharged from custody before the execution thereof.