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State of Haryana Vs. Mahender Singh and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Prisons Act, 1894 - Sections 59(5); State Reorganisation Act; West Bengal Correctional Services Act, 1992 - Sections 6; Code of Criminal Procedure (CrPC) , 1898 - Sections 401; Indian Penal Code (IPC) - Sections 54 and 55; Constitution of India - Articles 14, 20(1), 21, 32, 72 and 161; West Bengal Jail Code; Prisons Rules - Rules 2, 20 and 21; Code of Criminal Procedure (CrPC) (Amendment) Act, 1978 - Sections 432, 433 and 433A; Code of Criminal Procedure (CrPC) , 1973 - Sections 433A

Reported in : 2008CriLJ444; 2007(12)SCALE669; 2007AIRSCW6988

had been dismissed. 3. The State of Punjab in exercise of its power conferred upon it under the Prisons Act, 1894 made rules. They have statutory force. Sub-rules (a), (b), (c), (d) and (f) of Rule 2 read as … Ministry of Home issued instructions for revising the rules made under Section 59(5) of the Prisons Act, 1894 wherein the following recommendations were made:1...'Transportation for … the Superintendent shall report accordingly to the Local Government with a view to the passing of orders under Section 401 of the Code of Criminal Procedure, 1898.21. Save as provided by rule 20, when a prisoner has

Bhanudas Krishna Gawde Vs. K.G. Paranjape and ors.

Court : Mumbai

Subject : Criminal

Reported in : 1976CriLJ534

or civil prisoners in accordance with the rules contained in the Jail Manual or rules made under the prisons Act. 1894, and in conformity with that Act; and (c) requiring the respondents not to put the detenu in solitary … on behalf of the petitioners on two grounds, and they are, that the said Conditions are ultra vires Section 5 of the Act under Sub-section (a) of which the Conditions of Detention Order has been made, and also

Acharaparambath Pradeepan and anr. Vs. State of Kerala

Court : Kerala

Subject : Criminal

Acts : Prisons Act, 1894 - Sections 30(2); Kerala Prisons Rules, 1958 - Rule 781; Indian Penal Code (IPC) - Sections 302; Code of Criminal Procedure (CrPC) , 1974 - Sections 366 and 366(2)

Reported in : 2004CriLJ755

to jail under a warrant. They were confined in condemned cell as provided under Section 30(2) of the Prisons Act, 1894 read with Kerala Prisons Rules, 1958. It is the contention of the petitioners that the sentence of death … from any outside authority. In a slightly different context in State of Maharashtra v. Sindhi (1975) 3 SCR 574 : (AIR 1975 SC 1665) : (1975 Cri LJ 1475) it was said that the trial of an

Government of Andhra Pradesh and anr. Vs. Anne Venkatesware and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 428; Prisons Act, 1894 - Sections 3(5) and 59; Indian Penal Code (IPC), - Sections 120-B, 121-A, 395 and 447; Preventive Detention Act; Internal Security Act; Preventive Detention Law

Reported in : AIR1977SC1096; 1977CriLJ935; (1977)3SCC298; [1977]3SCR7

trial, but accepted their contention that they were entitled to the benefit of the remission system under the Prisons Act, 1894 for the period during which they were in jail as undertrial prisoners before their conviction: Criminal Appeals Nos. … to, and the consequent shortening of sentences of, prisoners in jail.' Section 59 of the Prisons Act provides that the State Government may make rules … 1870 of 1976 made by N.V. Krishnaiah. The High Court rejected the petitioners prayer for setting off under Section 428 of the CrPC, 1973 the periods during which they were in preventive detention against the terms of

HusseIn Khan Mohamed Khan Vs. the State of Maharashtra

Court : Mumbai

Subject : Criminal

Reported in : (1980)82BOMLR262

and sentenced to imprisonment shall be deemed to be a convicted criminal prisoner within the meaning of the Prisons Act, 1894, and shall be governed by the provisions of that Act and the rules made thereunder during the term … (2) - Maintenance of Internal Security (Maharashtra Conditions of Detention) Order, 1971, Clause 37--Prisons Act (IX of of 1894), Section 3(2), (3)--When does the custody of a security prisoner gets itself converted into that of a convicted criminal … such convicted criminal prisoner from one place of detention to another place of detention under Clause (b) of Section 5 of the Ordinance.9. Mr. Gupte for the petitioner argued by looking at the literal wording of this clause

K. Manohar Rao Vs. Govt. of A.P. and Others

Court : Andhra Pradesh

Subject : ConstitutionCriminal

Acts : Andhra Pradesh Prisons Rules, 1979 - Sections 59(5) - Rules 8, 318, 320, 321, 324(A)(B), 326 and 351; Prisons Act, 1894 -; Constitution of India - Articles 14, 21, 32, 72 and 161; Code of Criminal Procedure (CrPC) , 1973 - Sections 401, 432 and 433-A; Essential Commodities Act, 1955; Protection of Civil Rights Act, 1955; Indian Penal Code (IPC), 1860 - Sections 55

Reported in : 1999(1)ALD214; 1999(1)ALT316; 1999CriLJ1551

Rules are made in exercise of the power conferred on the State Government under Section 59 of the Prisons Act, 1894. Apart from the fact the very Rules expressly declare that they are made in exercise of the power … that the Prisons Rules are made in exercise of the power conferred on the State Government under Section 59 of the Prisons Act, 1894. Apart from the fact the very Rules expressly declare that they are made

Subhash Hiralal Bhosale Vs. the State of Maharashtra and Another

Court : Mumbai

Subject : Education

objects, the parole and furlough rules are framed in exercise of powers under Ss.59(5) and 28 of the Prisons Act, 1894. Section 3 defines various terms in the Act and Cls. (5A) and (5B) of S.3 define furlough system and

Rabi Prakash Awasthi Vs. State of Orissa and ors.

Court : Orissa

Subject : Criminal

Acts : Representation of the People Act, 1951 - Sections 7; Representation of the People (Amendment) Act, 1955; Prisons Act, 1894 - Sections 59(5); Code of Criminal Procedure (CrPC) , 1973 - Sections 306, 428, 432, 432(1), 432(2), 433 and 433A; Indian Penal Code (IPC), 1860 - Sections 54, 55, 302, 304, 307 and 326; Code of Criminal Procedure (CrPC) , 1898 - Sections 401, 401(1), 401(2), 401(3), 401(4), 401(5), 401(6), 401(4A), 401(6), 402(1), 402(2), 402(3) and 402(7); Orissa Jail Manual Rules - Rules 518, 518(1), 518(2), 708, 708A and 709; Prison Rules; Bombay Furlough and Parole Rules, 1959; Constitution of India - Articles 20(1), 72 and 161

Reported in : 87(1999)CLT222; 1998CriLJ3268

with ordinary and special remission. In exercise of the powers conferred by Section 59, Sub-section (5) of the Prisons Act, 1894, the rules for shortening of sentences by grant of remissions have been made and are contained in Chapter

Bobby Alias Premveer and anr. Vs. State of U.P.

Court : Allahabad

Subject : Criminal

Acts : Prisoners Act, 1900 - Sections 3, 3(2), 3(3), 3(4), 4, 5, 6, 7, 8, 9 and 10; Prisons Act, 1894; Prisoners Act, 1871; Code of Criminal Procedure (CrPC) , 1882; Prisoners' Testimony Act, 1869; Prisoners Act, 1920; Prisoners (Amendment) Act, 1950; Prisoners (Attendance in Courts) Act, 1955 - Sections 3 to 8, 9 and 43; Police Act; Uttar Pradesh Prisoners Release on Probation Act, 1938; Code of Civil Procedure (CPC) , 1908 - Sections 67; Evidence Act - Sections 25, 26 and 27; Customs Act - Sections 104; Foreign Exchange Regulation Act - Sections 35(1); Narcotic Drugs and Psychotropic Substances Act; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 41, 48, 54, 73, 107, 133, 145, 155, 156, 157 to 176, 190, 204, 210, 257 to 271, 428, 475, 476 and 482; Indian Penal Code (IPC) - Sections

Reported in : 2000CriLJ4125

required by some law to direct release of person detained, the detention through the warrant will continue.2. The Prisons Act, 1894.15. This law was passed (Act No. 9 of 1894) because it was thought expedient to amend the … interpretation of Section 6 with the Proviso it is necessary to have a look at Section 3 and Section 5 as well. Sub-section (1) of Section 3 provides that any civil or criminal Court may, if it thinks

Kalpesh Gunwantlal Soni Vs. State of Gujarat and ors.

Court : Gujarat

Subject : Criminal

Acts : Prisons Act, 1894 - Sections 48A; Indian Penal Code (IPC) - Sections 302; Prison Rules, 1959 - Rule 4(5), 4(6) and 4(10); Constitution of India - Article 226

Reported in : (2001)GLR381

authority, Deputy I.G., Gujarat State, Ahmedabad, in exercise of powers conferred upon it under Section 48-A of the Prisons Act, 1894, as amended by Bombay (Prison Amendment) Act, 1953, imposed the following punishments on the petitioner:(i) He was deprived … i.e. from 23rd July 1993 to 24th September, 1996. he remained absconded. This parole leave was granted from 5.7.93. It is the say of the petitioner that on 24th September 1996, he voluntarily surrendered before the jail