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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 … conclusion; particularly, having regard to the provisions contained in Sections 54 and 55 of the Indian Penal Code and Section 433A of the Code of … 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

R.P. Vaghela Vs. State of Gujarat

Court : Gujarat

Subject : Contempt of CourtConstitution

Acts : Constitution of India - Articles 21, 129, 141, 144 and 215; Contempt of Courts Act, 1971 - Sections 2, 10, 15, 15(2) and 20; Prisons Act, 1894 - Sections 45; Prisoners (Attendance in Courts) Act, 1955 - Sections 5; Code of Criminal Procedure (CrPC) , 1973 - Sections 49

Reported in : 2002CriLJ3082; (2002)1GLR886

be subject to all the same incidents as if he were actually in prison as laid down in Section 55 of the Prisons Act, 1894. Therefore, under Section 55 read with Section 56, the Superintendent is empowered to … Constitution Bench in Sunil Batra case (supra) negatived the challenge against the constitutionality of Section 56 of the Prisons Act, 1894 which empowered the Jail Superintendent to put a prisoner in irons (which were 'bar-fetters' in that case), when

Nabbu @ Navab Son of Babu Sakka Vs. State of U.P. Through Secretary, P ...

Court : Allahabad

Subject : Criminal

Acts : Arms Act - Sections 25; Gangsters Act - Sections 2 and 3; Prisoners (Attendance in Court) Act, 1955 - Sections 3(2); Prisons Act, 1894 - Sections 6; Prisoners Act, 1900 - Sections 55; Indian Penal Code (IPC) - Sections 307, 379, 411 and 414; Code of Criminal Procedure (CrPC) , 1973 - Sections 3, 41, 102, 167, 267, 267(1) and 269; Constitution of India - Article 226

Reported in : 2006CriLJ2260

Allahabad Criminal Ruling 466, wherein it has been observed that:-Prisoners (Attendance in Courts) Act, 1955, Sections 3(2), 6 Prisons Act, 1894, Section 55 Prisoners Act, 1900, Section 3 Criminal P.C., 1973, Sections 267, 269 Construction of-Petitioners detained in Jail at Meerut

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 … rendered him eligible for release had life sentence been equated with 20 years of imprisonment (sic) a la Section 55 IPC. On the basis of a rule which did make that equation. Godse sought his release through a

Ashok Kumar Alias Golu Vs. Union of India and Others

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 14, 32, 72, 141, 161, 245 and 246; Code of Criminal Procedure (CrPC) - Sections 401, 428, 432 and 433A; Rajasthan Prisons (Shortening of Sentences) Rules, 1958; Indian Penal Code (IPC), 1860 - Sections 40, 45, 53A, 54, 55, 57, 65, 116, 119, 120, 302, 303, 305, 307, 396 and 511; Indian Penal Code (Amendment) 1978; Orissa Agricultural Income-tax (Amendment) Act, 1950; Orissa Estates Abolition Act, 1952; Prisons Act, 1894; Code of Criminal Procedure (CrPC) , 1973 - Sections 433A

Reported in : AIR1991SC1792; 1991CriLJ2483; JT1991(3)SC46; 1991(2)SCALE17; (1991)3SCC498; [1991]2SCR858

based on the Bombay Rules governing the remission system framed in virtue of the provisions contained in the Prisons Act, 1894. This Court pointed out that the Prisons Act did not confer on any authority a power to commute … fine. Section 54 empowers the appropriate government to commute the punishment of death for any other punishment. Similarly Section 55 empowers the appropriate government to commute the sentence of imprisonment for life for imprisonment of either description for

Lakkhi and Etc. Vs. State of Rajasthan and anr.

Court : Rajasthan

Subject : Criminal

Acts : Prisons Act, 1894 - Sections 59(5); Explosive Substances Act, 1908; Indian Penal Code (IPC), 1860 - Sections 53, 55, 55A, 57, 302 and 511; Code of Criminal Procedure (CrPC) - Sections 428, 432, 433 and 433A; Rajasthan Prisons (Shortening of Sentences) Rules, 1958 - Rules 7 8, 9, 10 and 12; Rajasthan Prisoners Release on Parole Rules, 1958 - Rules 3, 9, 10A and 15; Constitution of India - Articles 72 and 161

Reported in : 1996CriLJ2965; 1996(2)WLC613

Indian Penal Code and Constitution of India, the-other relevant statutes and rules can be said to be the Prisons Act, 1894 (Act No. 9). The Rajasthan Prisons Rules, 1958, the Rajasthan Prisons (Shortening of Sentences) Rules, 1958 (hereinafter referred … equivalent to imprisonment of twenty years. Life imprisonment docs not mean imprisonment for twenty years for all purposes.3. Section 55, IPC provides that in every case in which sentence of imprisonment for life shall have been passed the

Dipakkumar Bhanuprasad Upadhyay Vs. State of Gujarat and ors.

Court : Gujarat

Subject : Criminal

Acts : Uttar Pradesh Prisoners' Release on Probation Act, 1938; Prisons Act, 1894 - Sections 3(1) and 55; Prisoners (Amendment) Act, 1900 - Sections 32; Indian Penal Code (IPC) - Sections 54, 55 and 302; Code of Criminal Procedure (CrPC) , 1974 - Sections 46, 413, 417 to 424 and 423 to 435; Constitution of India - Articles 72 and 161

Reported in : 1998CriLJ1933; (1998)1GLR1

be appointed by the State in this regard. We may also note that under Section 3(1) of the Prisons Act, 1894, word 'prison' is defined so as to mean any jail or place used permanently or temporarily under the … of utmost importance and even movement of such convict from one prison to other prison is regulated. Under Section 55 of the Prisons Act, a prisoner, when being taken to or from any prison in which he may

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 … imprisonment for a like term, fine.(2) Nothing in this section shall affect the provisions of Section 54 or Section 55 of the Indian Penal Code.Section 428 contemplates a conviction by the Court and it operates at the time

Gopal Vinayak Godse Vs. the State of Maharashtra and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Constitution of India - Article 32; Explosive Substances Act - Sections 3, 4 and 5; Indian Penal Code (IPC), 1860 - Sections 53, 53A, 55, 57, 58, 109 and 302; Code of Criminal Procedure (CrPC) (Amendment) Act, 1955 - Sections 401 and 402(1); Prisons Act, 1894; Code of Criminal Procedure (CrPC) (Amendment) Act, 1954

Reported in : AIR1961SC600; (1961)63BOMLR517; 1961CriLJ736a; [1961]3SCR440

date of his final release.' 15. It is common case that the said rules were made under the Prisons Act, 1894, and that they have statutory force. But the Prisons Act does not confer on any authority a power … Penal Code, but it was for life with two exceptions. Under s. 55 of the Indian Penal Code, 'In every case in which sentence of … Indian Penal Code before it was amended by the Code of Criminal Procedure (Amendment) Act XXVI of 1955. Section 53 of the Indian Penal Code set out six different punishments to which offenders were liable. The second

Rohan Dhungat Vs. The State Of Goa

Court : Supreme Court of India

Subject : Land Acquisition

counsel for the original writ petitioners-convicts that even as per 4 9 Page of Section 55 of the Prisons Act, 1894, a prisoner when being taken to or from any prison in which he may be lawfully confined, shall