Last Change:
12/29/2024
The Prisoners Act
Year: 1900
Type: Domestic law
Rights Category: Liberty & security of person
Description
The Prisoners Act, 1900 of Bangladesh provides regulations pertaining to the detention, transfer, and treatment of prisoners. The Act, originating from the colonial era, outlines the rights and privileges of prisoners, the responsibilities of authorities in their custody, and the conditions under which they may be moved from one jurisdiction to another. This Act is an essential legal document governing the rights and treatment of individuals in custody in Bangladesh.
Selected provisions
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.
(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 under the general or special authority of the Government, 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
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.
(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 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 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.
(1) The Government may, by general or special order, provide for the removal of any prisoner confined in a prisonī
(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.
(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.
(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 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.
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
(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 Code of Civil Procedure, 1908, for the examination of the person in the prison in which he is confined.