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প্রয়োজনীয় আইন ও বিধি

THE PRISONERS ACT, 1900
(ACT NO. III OF 1900).
[2nd February, 1900]
1 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
Short title and
extent
1.(1) This Act may be called the Prisoners Act, 1900.
(2) It extends to the whole of Bangladesh.
Definitions
2. In this Act, unless there is anything repugnant in the subject or
context,-
(a) “Court” includes 2[ * * *] 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
Officers in charge
of prisons to detain
persons duly
committed to their
custody
3. 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.
Officers in charge
of prisons to return
writs, etc, after
execution or
discharge
4. 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
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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.
PART III
[Omitted]
[Omitted] [Omitted by the Adaptation of Central Acts and Ordinances Order,
1949.]
PART IV
EXECUTION OF SENTENCES
References in this
Part to prisons,
etc, to be
construed as
referring also to
Reformatory
Schools
14. In this Part all references to prisons or to imprisonment or
confinement shall be construed as referring also to Reformatory Schools
or to detention therein.
Power for officers
in charge of
prisons to give
effect to sentences
of certain courts
15.(1) Officers in charge of prisons may give effect to any sentence or
order or warrant for the detention of any person passed or issued
(a) by any Court or tribunal acting 3[ * * *] under the general or
special authority of the Government, 4[ or of any court or tribunal
which was before the
twenty-sixth day of March, 1971, acting under the general or special
authority of any Government that functioned within the territories now
comprised in Bangladesh].
5[ * * *]
6[ * * *]
Warrant of officer
of such Court to be
sufficient authority
16. A warrant under the official signature of an officer of such Court or
tribunal as is referred to in section 15 shall be sufficient authority for
holding any person in confinement, or for sending any person for
transportation, in pursuance of the sentence passed upon him.
Procedure where
officer in charge of
prison doubts the
17.(1) Where an officer in charge of a prison doubts the legality of a
warrant or order sent to him for execution under this Part, or the
competency of the person whose official seal or signature is affixed
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legality of warrant
sent to him for
execution under
this Part
thereto to pass the sentence and issue the warrant or order, he shall
refer the matter to the Government, by whose order on the case he
and all other public officers shall be guided as to the future disposal of
the prisoner.
(2) Pending a reference made under sub-section (1), the prisoner shall
be detained in such manner and with such restrictions or mitigations as
may be specified in the warrant or order.
Execution in
Bangladesh, etc, of
certain capital
sentences not
ordinarily
executable there
18.(1) Where a court established by the authority of the Government
exercising, in or with respect to territory beyond the limits of
Bangladesh jurisdiction which the Government has in such territory,
(a) has sentenced any person to death, and,
(b) being of opinion that such sentence should, by reason of there
being in such territory no secure place for the confinement of such
person or no suitable appliances for his execution in a decent and
humane manner, be executed in Bangladesh has issued its warrant for
the execution of such sentence to the officer in charge of a prison in
Bangladesh,
such officer shall, on receipt of the warrant, cause the execution to be
carried out at such place as may be prescribed therein in the same
manner and subject to the same conditions in all respects as if it were
a warrant duly issued under the provisions of section 381 of the Code
of Criminal Procedure, 1898.
(2) The prisons of which the officers in charge are to execute sentences
under any such warrants as aforesaid shall 7[ * * *] be such as the
Government may, by general or special order, direct.
(3) A Court shall be deemed, for the purposes of this section, to be a
court established by the Government if the presiding Judge, or if the
Court consist of two or more Judges, at least one of the Judges, is an
officer of the Government authorized to act as such Judge by 8[ * * *]
the Government:
Provided that every warrant issued under this sub-section by any such
tribunal shall, if the tribunal consists of more than one Judge, be
signed by a Judge who is an officer of the Government authorize as
aforesaid.
PART V
[Omitted]
[Omitted] [Omitted by the Criminal Law (Extinction of Discriminatory Privileges
Act, 1949 (Act No. II of 1950).]
PART VI
REMOVAL OF PRISONERS
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References in this
Part to prisons,
etc, to be
construed as
referring also to
Reformatory
Schools
28. In this Part, all references to prisons or to imprisonment or
confinement shall be construed as referring also to Reformatory Schools
or to detention therein.
Removal of
prisoners
29.(1) The Government may, by general or special order, provide for
the removal of any prisoner confined in a prison
(a) under sentence of death, or
(b) under, or in lieu of, a sentence of imprisonment or transportation,
or
(c) in default of payment of a fine, or
(d) in default of giving security for keeping the peace or for
maintaining good behaviour,
to any other prison in Bangladesh 9[ * * *].
(2) Subject to the orders, and under the control, of the Government
the Inspector-General of Prisons may, in like manner, provide for the
removal of any prisoner confined as aforesaid in a prison in Bangladesh
to any other prison in Bangladesh.
10[ * * *].
Lunatic prisoners
how to be dealt
with
30.(1) Where it appears to the Government that any person detained
or imprisoned under any order or sentence of any Court is of unsound
mind, the Government may, by a warrant setting forth the grounds of
belief that the person is of unsound mind, order his removal to a
lunatic asylum or other place of safe custody within Bangladesh there
to be kept and treated as the Government directs during the remainder
of the term for which he has been ordered or sentenced to be detained
or imprisoned, or, if on the expiration of that term it is certified by a
medical officer that it is necessary for the safety of the prisoner or
others that he should be further detained under medical care or
treatment, then until he is discharged according to law.
(2) Where it appears to the Government that the prisoner has become
of sound mind, the Government shall, by a warrant directed to the
person having charge of the prisoner, if still liable to be kept in
custody, remand him to the prison from which he was removed, or to
another prison within Bangladesh, or, if the prisoner is no longer liable
to be kept in custody, order him to be discharged.
(3) The provisions of 11[ the Lunacy Act, 1912,] shall apply to every
person confined in a lunatic asylum under sub-section (1) after the
expiration of the term for which he was ordered or sentenced to be
detained or imprisoned; and the time during which a prisoner is
confined in a lunatic asylum under that sub-section shall be reckoned
as part of the term of detention or imprisonment which he may have
been ordered or sentenced by the Court to undergo.
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12[ * * *].
[Repealed] 31. [Repealed by the Amending Act, 1903 (Act No. I of 1903).]
PART VII
PERSONS UNDER SENTENCE OF TRANSPORTATION
Appointment of
places for
confinement of
persons under
sentence of
transportation and
removal thereto
32.(1) The Government may appoint places within Bangladesh to which
persons under sentence of transportation shall be sent; and the
Government, or some officer duly authorized in this behalf by the
Government, shall give orders for the removal of such persons to the
places so appointed, except when sentence of transportation is passed
on a person already undergoing transportation under sentence
previously passed for another offence.
(2) [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
PART VIII
DISCHARGE OF PRISONERS
Release, on
recognizance, by
order of High Court
Division of
prisoner
recommended for
pardon
33. The High Court Division may, in any case in which it has
recommended to the President the granting of a free pardon to any
prisoner, permit him to be at liberty on his own recognizance.
PART IX
PROVISIONS FOR REQUIRING THE ATTENDANCE OF PRISONERS AND
OBTAINING THEIR EVIDENCE.
Attendance of Prisoners in Court
References in this
Part to prisons,
etc, to be
construed as
referring also to
Reformatory
Schools
34. In this Part, all references to prisons or to imprisonment or
confinement shall be construed as referring also to Reformatory Schools
or to detention therein.
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Power for Civil
Courts to require
appearance of
prisoner to give
evidence
35. Subject to the provisions of section 39, any Civil Court may, if it
thinks that the evidence of any person confined in any prison within
the local limits of its appellate jurisdiction, if it is High Court Division,
or, if it is not High Court Division, then within the local limits of the
appellate jurisdiction of the High Court Division to which it is
subordinate, is material in any matter pending before it, make an order
in the form set forth in the first schedule, directed to the officer in
charge of the prison.
District Judge in
certain cases to
countersign orders
made under
section 35
36.(1) Where an order under section 35 is made in any civil matter
pending,-
(a) in a Court subordinate to the District Judge, or
(b) in a Court of Small Causes,
it shall not be forwarded to the officer to whom it is directed, or acted
upon by him, until it has been submitted to, and countersigned by,-
(i) the District Judge to which the Court is subordinate, or
(ii) the District Judge within the local limits of whose jurisdiction the
Court of Small Causes is situate.
(2) Every order submitted to the District Judge under sub-section (1)
shall be accompanied by a statement, under the hand of the Judge of
the subordinate Court or Court of Small Causes, as the case may be, of
the facts which in his opinion render the order necessary, and the
District Judge may, after considering such statement, decline to
countersign the order.
Power for certain
Criminal Courts to
require attendance
of prisoner to give
evidence or
answer to charge
37. Subject to the provisions of section 39, any Criminal Court may, if
it thinks that the evidence of any person confined in any prison within
the local limits of its appellate jurisdiction, if it is High Court Division,
or, if it is not High Court Division, then within the local limits of the
appellate jurisdiction of the High Court Division to which it is
subordinate, is material in any matter pending before it or if a charge
of an offence against such person is made or pending, make an order
in the form set forth in the first or second schedule, as the case may
be, directed to the officer in charge of the prison:
Provided that if such Criminal Court is inferior to the Court of a
Magistrate of the first class, the order shall be submitted to, and
countersigned by, the District Magistrate to whose Court such Criminal
Court is subordinate or within the local limits of whose jurisdiction such
Criminal Court is situated.
Order to be
transmitted
through Magistrate
of the district or
sub-division in
which person is
38. Where any person, for whose attendance an order as in this Part
provided is made, is confined in any district other than that in which
the Court making or countersigning the order is situate, the order shall
be sent by the Court by which it is made or countersigned to the
District or Sub-divisional Magistrate within the local limits of whose
jurisdiction the person is confined, and that Magistrate shall cause it to
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confined be delivered to the officer in charge of the prison in which the person
is confined.
Procedure where
removal is desired
of person confined
more than one
hundred miles
from place where
evidence is
required
39.(1) Where a person is confined in a prison more than one hundred
miles distant from the place where any Court, subordinate to High
Court Division, in which his evidence is required, is held, the Judge or
presiding officer of the Court in which the evidence is so required shall,
if he thinks that such person should be removed under this Part for the
purpose of giving evidence in such Court, and if the prison is within the
local limits of the appellate jurisdiction of the High Court Division to
which such Court is subordinate, apply in writing to the High Court
Division, and the High Court Division may, if it thinks fit, make an
order in the form set forth in the first schedule, directed to the officer
in charge of the prison.
(2) The High Court Division making an order under sub-section (1) shall
send it to the District or Sub-divisional Magistrate within the local limits
of whose jurisdiction the person named therein is confined, and such
Magistrate shall cause it to be delivered to the officer in charge of the
prison in which the person is confined.
Persons confined
beyond limits of
appellate
jurisdiction of High
Court Division
40. Where a person is confined in a prison beyond the local limits of
the appellate jurisdiction of High Court Division, any Judge of such
Court may, if he thinks that such person should be removed under this
Part for the purpose of answering a charge of an offence or of giving
evidence in any criminal matter in such Court or in any Court
subordinate thereto, apply in writing to the Government of the
territories within which the prison is situate, and the Government may,
if it thinks fit, direct that the person be so removed, subject to such
rules regulating the escort of prisoners as the Government may
prescribe.
Prisoner to be
brought up
41. Upon delivery of any order under this Part to the officer in charge
of the prison in which the person named therein in confined, that
officer shall cause him to be taken to the Court in which his attendance
is required, so as to be present in the Court at the time in such order
mentioned, and shall cause him to be detained in custody in or near
the Court until he has been examined or until the Judge or presiding
officer of the Court authorizes him to be taken back to the prison in
which he was confined.
Power to
Government to
exempt certain
prisoners from
operation of this
Part
42. The Government may by notification in the official Gazette, direct
that any person or any class of persons shall not be removed from the
prison in which he or they may be confined; and thereupon, and so
long as such notification remains in force, the provisions of this Part,
other than those contained in sections 44 to 46, shall not apply to such
person or class of persons.
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Officer in charge of
prison when to
abstain from
carrying out order
43. In any of the following cases, that is to say,-
(a) where the person named in any order made under section 35,
section 37 or section 39 appears to be, from sickness or other
infirmity, unfit to be removed, the officer in charge of the prison in
which he is confined, shall apply to the District or Sub-divisional
Magistrate within the local limits of whose jurisdiction the prison is
situate, and if such Magistrate, by writing under his hand, declares
himself to be of opinion that the person named in the order is, from
sickness or other infirmity, unfit to be removed; or
(b) where the person named in any such order is under committal for
trial; or
(c) where the person named in any such order is under a remand
pending trial or pending a preliminary investigation; or
(d) where the person named in any such order is in custody for a
period which would expire before the expiration of the time required for
removing him under this Part and for taking him back to the prison in
which he is confined;
the officer in charge of the prison shall abstain from carrying out the
order, and shall send to the Court from which the order has been
issued a statement of the reason for so abstaining:
Provided that such officer as aforesaid shall not so abstain where,-
(i) the order has been made under section 37; and
(ii) the person named in the order is confined under committal for trial,
or under a remand pending trial or pending a preliminary investigation,
and does not appear to be, from sickness or other infirmity unfit to be
removed; and
(iii) the place, where the evidence of the person named in the order is
required, is not more than five miles distant from the prison in which
he is confined.
Commissions for Examination of Prisoners
Commissions for
examination of
prisoners
44. In any of the following cases, that is to say,-
(a) where it appears to any Civil Court that the evidence of a person
confined in any prison within the local limits of the appellate jurisdiction
of such Court, if it is High Court Division, or if it is not High Court
Division, then within the local limits of the appellate jurisdiction of the
High Court Division to which it is subordinate, who, for any of the
causes mentioned in section 42 or section 43, cannot be removed, is
material in any matter pending before it; or
(b) where it appears to any such Court as aforesaid that the evidence
of a person confined in any prison so
situate and more than ten miles distant from the place at which such
Court is held, is material in any such matter; or
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(c) where the District Judge declines, under section 36, to countersign
an order for removal;
the Court may, if it thinks fit, issue a commission, under the provisions
of the 13[ Code of Civil Procedure, 1908,] for the examination of the
person in the prison in which he is confined.
Commissions for
examination of
prisoners beyond
limits of appellate
jurisdiction of High
Court Division
45. Where it appears to High Court Division that the evidence of a
person confined in a prison beyond the local limits of its appellate
jurisdiction is material in any civil matter pending before it or before
any Court subordinate to it, the High Court Division may, if it thinks fit,
issue a commission, under the provisions of the 14[ Code of Civil
Procedure, 1908,] for the examination of the person in the prison in
which he is confined.
Commission how
to be directed
46. Every commission for the examination of a person issued under
section 44 or section 45 shall be directed to the District Judge within
the local limits of whose jurisdiction the prison in which the person is
confined is situate, and the District Judge shall commit the execution of
the commission to the officer in charge of the prison, or to such other
person as he may think fit.
Service of Process on Prisoners
Process how
served on
prisoners
47. When any process directed to any person confined in any prison is
issued from any Criminal or Revenue Court, it may be served by
exhibiting to the officer in charge of the prison the original of the
process and depositing with him a copy thereof.
Process served to
be transmitted at
prisoner’s request
48.(1) Every officer in charge of a prison upon whom service is made
under section 47 shall, as soon as may be, cause the copy of the
process deposited with him to be shown and explained to the person to
whom it is directed, and shall thereupon endorse upon the process and
sign a certificate to the effect that such person as aforesaid is confined
in the prison under his charge and bas been shown and had explained
to him a copy of the process.
(2) Such certificate as aforesaid shall be prima facie evidence of the
service of the process, and, if the person to whom the process is
directed requests that the copy shown and explained to him be sent to
any other person and provides the cost of sending it by post, the
officer in charge of the prison shall cause it to be so sent.
Miscellaneous
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[Omitted] 49. [Omitted by Schedule of the Adaptation of Central Acts and
Ordinances Order, 1949.]
Deposit of costs
50. No order in any civil matter shall be made by a Court under any of
the provisions of this Part until the amount of the costs and charges of
the execution of such order (to be determined by the Court) is
deposited in such Court:
Provided that, if upon any application for such order it appears to the
Court to which the application is made, that the applicant has not
sufficient means to meet the said costs and charges, the Court may
pay the same out of any fund applicable to the contingent expenses of
such Court, and every sum so expended may be recovered by the
Government from any person ordered by the Court to pay the same, as
if it were costs in a suit recoverable under the 15[ Code of Civil
Procedure, 1908].
Power to make
rules under this
Part
51.(1) The Government may make rules,-
(a) for regulating the escort of prisoners to and from Courts in which
their attendance is required and for their custody during the period of
such attendance;
(b) for regulating the amount to be allowed for the costs and charges
of such escort; and
(c) for the guidance of officers in all other matters connected with the
enforcement of this Part.
(2) All rules made under sub-section (1) shall be published in the
official Gazette, and shall, from the date of such publication, have the
same force as if enacted by this Act.
Power to declare
who shall be
deemed officer in
charge of prison
52. The Government may declare what officer shall, for the purposes of
this Part, be deemed to be the officer in charge of a prison.
[Repealed] 53. [Repealed by the Repealing and Amending Act, 1914 (Act No. X of
1914).]
1 Throughout this Act, except otherwise provided, the words “Bangladesh”, `Government` and `High Court Division` were substituted, for the words
`Pakistan` or `the provinces` or `the province`, `Provincial Government` or `Central Government` and `a High Court` or `High Court` respectively by
section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
2 The words “a coroner and” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act
Prisoners Act, 1900 (Act No. III of 1900). http://bdlaws.minlaw.gov.bd/print_sections_all.php?id=80
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No. VIII of 1973)
3 The commas and the words “, whether or without the Provinces,” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
4 The words, commas and figure `or of any Court or tribunal which was before the twenty-sixth day of March, 1971, acting under the general or
special authority of any Government that functioned within the territories now comprised in Bangladesh` were substituted, for the words and
commas “or of any Provincial Government, or of the Government of Burma or of any Court or tribunal which was before the twenty-third day of
March, 1956, acting under the general or special authority of Her Majesty, or of the Crown Representative” by section 3 and 2nd Schedule of the
Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
5 Clauses (b), (c) and the proviso were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973
(Act No. VIII of 1973)
6 Sub-section (2) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of
1973)
7 The words “in each Province” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973
(Act No. VIII of 1973)
8 The words “any Acceding State or the Ruler thereof or” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And
Declaration) Act, 1973 (Act No. VIII of 1973).
9 The commas and words “, or, with the consent of the Provincial Government concerned, to any prison in the other Province or, with the consent
of the Central Government to any prison maintained by it or under its authority in any part of Pakistan” were omitted by section 3 and 2nd Schedule
of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
10 Sub-section (3) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of
1973)
11 The words, commas and figure `the Lunacy Act, 1912,` were substituted, for the words, figures and commas “section 9 of the Lunatic
Asylums Act, 1858,” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
12 Sub-section (4) of section 30 was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973
(Act No. VIII of 1973).
13 The words, commas and figure `Code of Civil Procedure, 1908,` were substituted, for the words `Code of Civil Procedure` by section 3 and 2nd
Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
14 The words, commas and figure `Code of Civil Procedure, 1908,` were substituted, for the words `Code of Civil Procedure` by section 3 and 2nd
Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
15 The words, comma and figure `Code of Civil Procedure, 1908` were substituted, for the words `Code of Civil Procedure` by section 3 and 2nd
Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
Copyright © 2010, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs
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