Every writ or warrant for the arrest of any person issued by the High Court in the exercise of its ordinary, extraordinary or other criminal jurisdiction shall be directed to and executed by a Police officer within the local limitsof such jurisdiction.
Section 6 - Power for 1[State] Governments to appoint Superintendents of Presidency prisons
6.Power for 1 [State] Governments to appoint Superintendents of presidency prisons
The 2 [State Government] may appoint officers who shall have authority to receive and detain prisoners committed to their custody under this part.
Explanation.--Any officer so appointed, by whatever designation he may be styled, is hereinafter referred to as "the Superintendent".
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1. Substituted by the A.O. 1950, for "Provincial Government".
2. Substituted by the A.O. 1950, for "Provincial Government"
Section 7 - Delivery of persons sentenced to imprisonment or death by High Court
Where any person is sentenced by the High Court in the exercise of its original criminal jurisdiction to imprisonment or to death, the Court shall cause him to be delivered to the Superintendent together with its warrant, and such warrant shall be executed by the Superintendent and returned by him to the High Court when executed.
Section 8 - Delivery of persons sentenced to transportation by High Court
Where any person is sentenced by the High Court in the exercise of its original criminal jurisdiction to transportation 1 [***] the Court shall cause him to be delivered for intermediate custody to the Superintendent, and the transportation 1 [***] of such person shall be deemed to commence from such delivery.
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1. The words "or penal servitude" omitted by Act 17 of 1949, section. 4 w.e.f. 6-4-1949.
Section 9 - Delivery of persons committed by High Court in execution of a decree or for contempt
Where any person is committed by the High Court, whether in execution of decree or for contempt of Court or for any other cause, the Court shall cause him to be delivered to the Suprintendent, together with its warrant of commitment.
Section 10 - Delivery of persons sentenced by Presidency Magistrates
Where any person is sentenced by a Presidency Magistrate to imprisonment, or is committed to prison for failure to find security to keep the peace or to be of good behaviour, the Magistrate shall cause him to be delivered to the Superintendent, together with his warrant.
Section 11 - Delivery of persons committed for trial by High Court
Everyperson committed by a Magistrate, 1 [or Justice of the Peace], for trialby the High Court in the exercise of its original criminaljurisdiction shall be delivered to the Superintendent, together with a warrantof commitment, directing the Superintendent to produce such person before the Courtfor trial; and the Superintendent shall, as soon as practicable, cause suchperson to be taken before the Court as a criminal session thereof, together withthe warrant of commitment, in order that he may be dealt withaccording to law.
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1.Substituted by Act 4 of 1908, sec.13, for "Justice of the Peace or Coroner".
Section 12 - Custody pending hearing by High Court under section 350 of the Code of Civil Procedure of application for insolvency
The High Court may, pending thehearing, under section 350of the Code of Civil Procedure (14of 1882) of any application for a declarationof insolvency, cause the judgment-debtor concerned to the delivered to be Superintendent, subject to the provisions as to releaseon security of section 349of the said Code1 ,and Superintendent shall detain the said judgment-debtor in safe custody untilhe is re-delivered to an officer of the High Court for the purpose of beingtaken before it in pursuance of its order, or until he is released in due courseof law.
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1.This reference should be construedas applying to the Provincial Insolvency Act, 1920, see, section 83(2) of thatAct.
Section 13 - Delivery of persons arrested in pursuance of warrant of High Court or Civil Court in Presidency-town
(1) Every person arrested in pursuance of a writ, warrant or order of the High Court in the exercise of its original civil jurisdiction, or in pursuance of a warrant of any Civil Court established in a Presidency-town under any law or enactment for the time being in force, or in pursuance of a warrant issued under section 5, shall be brought without delay before the Court by which, or by a Judge of which, the writ, warrant or order was issued, awarded or made, or before a Judge thereof, if the said Court, or a Judge thereof, is then sitting for the exercise of original jurisdiction.
(2) If the said Court, or a Judge thereof, is not then sitting for the exercise of original jurisdiction, such person arrested as aforesaid shall, unless a Judge of the said Court otherwise directs, be delivered to the Superintendent for intermediate custody, and shall be brought before the said Court, or a Judge thereof, at the next sitting of the said Court, or of a Judge thereof, for the exercise of original jurisdiction in order that such person may be dealt with according to law; and the said Court or Judge shall have power to make or award all necessary orders or warrants for that purpose.