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Section 15 – The Prisoners Act,1900

The Prisoners Act,1900

Section 15. Power for officers in-charge of prisons to give effect to sentences of certain Courts

(1) Officers in-charge of prisons outside the Presidency-towns 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, whether within or without the States under the general or special authority of the Central Government, or of any State Government, or of the Government of Burma, or by any Court or tribunal, which was before the commencement of the Constitution acting under the general or special authority of His Majesty, or of the Crown Representative; or

(b) Before the 26th January,1950, by any Court or tribunal in any Indian State-

(i) If the presiding Judge, or if the Court or tribunal consisted of two or more Judges, at least one of the Judges, was an officer of the Crown authorised to sit as such Judge by the State or the Ruler thereof or by the Central Government or the Crown Representative; and

(ii) If the reception, detention or imprisonment in any Province of India of’ persons sentenced by any such Court or tribunal has been authorised by general or special order by the State Government:

Provided that effect shall not be given to any sentence or order or warrant for detention passed or issued by any Court or tribunal in Burma without the previous sanction of the State Government concerned.

(2) Where a Court or tribunal of such an Indian State as aforesaid had passed a sentence which could not have been executed without the concurrence of an officer of’ the Crown, and such sentence has been considered on the merits and confirmed by any such officer specially authorised in that behalf, such sentence, and any order or warrant issued in pursuance thereof, shall be deemed to be the sentence, order or warrant of a Court or tribunal acting under the authority of the Central Government or the Crown Representative,

STATE AMENDMENT

Maharashtra

In subsection (1) of Section l5, for the words “the Presidency-towns” substitute the words “Greater Bombay” . [Bom. Act 7 of 1949 and 15 of 1959].

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The Prisoners Act,1900

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