State Prisoners Act, 1858

The State Prisoners Act, 1858

[Short title given by the Short Titles Act, 1897 (14 of 1897).]

ACT No. III of 1858

[23rd January, 1858]

An Act to amend the Law relating to the arrest and detention of State Prisoners
[Preamble rep. by A. O., 1937.]

1. [Repeal of part of s. 1, clause first of Bombay Regulation XXV of 1827.] Rep. by the Repealing Act of 1870 (XIV of 1870).

2. [Regulations as to arrest and confinement of State Prisoners in force within Presidency towns.] Rep. by A. O., 1937.

3. Persons to whom warrants of commitment may be addressed and effect of warrants of Commitment. The provisions of section one of the State Prisoners Act, 1850 (which relate to the persons to whom warrants of commitment under the Bengal State Prisoners Regulation, 1818, may be addressed, and the effect of such warrants) shall apply in relation to warrants of commitment under Regulation XXV III of 1827, of the Bombay Code, as they apply in relation to warrants of commitment issued under the Bengal State Prisoners Regulation, 1818, by virtue of the powers conferred thereby on Provincial Governments. [XXXIV of 1850 Ben. Reg.III of 1818. Ben. Reg. III of 1818.]

[Subs. by A. O., 1937, for the original section.]

[The words " Regulation 11, 1819 of the Madras Code, and " emitted by A. O.. 1949, Sch.]

4. [Arrests, etc., made before the passing of this Act legalized.] Rep. by the Amending Act, 1891 (XII of 1891).

5. Removal of state prisoners from one Province to another Province.(1) A State prisoner who is or is to be confined in any Province under the provisions of any of the said Regulations for reasons connected with the maintenance of public order therein may, by arrangement between the Provincial Governments con­cerned, be transferred to or, as the case may be, retained in another Province and confined in that other Province in accordance with that one of the said Regulations which is in force in that other Province in all respects as if reasons connected with the maintenance of public order in that other Province required his confinement therein.

[This section (i.e., section 5) has been declared to be in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (II of 1913), s. 3.]

(2) Nothing in this section shall be construed as limiting the power of the Central Government to transfer State prisoners from one place of confinement in a Province to another place of con­finement in that or the other Province or the power of a Provincial Government to transfer State prisoners from one place of confinement in the Province to another place of confinement in the Province.[ Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch., for Governors Province or a Chief Commissioner's Province to another place of confinement in that or any other Province " (with effect from the 14th October 1955).]

6. This Act extends to the whole of Pakistan.

[Section 6 which was ins. by A. O., 1937 and then amended by A. O., 1949, Sch., has been subs. by Ordinance 21 of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955), to read as above.]