Court : Chennai
..... delivery of persons sentenced by president magistrate or by any court constituted under lawful authority. ..... according to sections 5 to 112 of the prisoners act, 1900 (central act iii of 1900), the authorities in charge of prisons in the city of madras can receive prisoners sentenced by the high court but not those sentenced by the court of session in the city. ..... it is found necessary to amend sections 5, 7, 10 and 11 and to omit section 8 of the prisoners act, 1900, so that the authorities in charge of prisons in the city of madras can receive prisoners sentenced by the court of session in the city. ..... the amendment proposed to section 29 of the prisoners act, 1900, is to provide specifically for the transfer of undertrial prisoners and to empower the collectors, their personal assistants and revenue divisional officers to order transfer of undertrials from one sub jail to another sub jail and the inspector general of prisons to order transfer of undertrials from central jails, district jails and subsidiary jails to other jails. ..... -- (1) the inspector general subject to the order and under the control of the government is authorised to sanction the transfer from one prison to another within the state of such prisoners as are referred to in section 29 of the prisons act, 1990 (central act iii of 1900) except those under sentence of death. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1956CriLJ619
..... section 3 of the prisons act (act 9 of 1894; attempts to classify prisoners into three categories, (1) criminal prisoners, (2) convicted criminal prisoners and (3) civil prisoners.a convicted criminal prisoner, means any criminal prisoner under sentence of a court or court-martial, and includes a person detained in prison under the provisions of chap. ..... prisoners act (which corresponds to section 41 of the central act), then lays down that upon delivery of any order to the officer-in-charge of the prison, that officer shall cause him to be taken to the court in which his attendance is required, and shall cause him to be detained in custody in or near the court until the presiding officer of that court: authorises him to be taken back to the prison in which he was confined. ..... are inapplicable to the case of a convicted criminal prisoner; and that the provisions of the prisons act, which deal with the law relating to the internal management of the prisuns, and, those of the prisoners act, which deal i with law relating to prisoner's custody, do not empower a magistrate to transfer a convicted criminal prisoner from the custody of the prison to that of the police.it follows that the order passed by the magistrate in the present case is sound and must be upheld. ..... 3 of 1900) relates to the prisoners confined by order of a court. .....
Tag this Judgment!Court : Supreme Court of India
..... would be appropriate to incorporate the provision by amending section 5 of the identification of prisoners act as follows:"(1) if a magistrate is satisfied that, for the purpose of any investigation or proceeding under the code of criminal procedure, 1973, it is expedient to direct any person a) to allow his measurements or photograph to be taken, orb) to furnish a specimen of his signature or writing, orc) to furnish a specimen of his voice by uttering the specified words or making the specified sounds.the magistrate may make an order to that effect, recording ..... "she finally concludes:"i am, therefore, of the opinion that a magistrate acting under section 5 of the prisoners act can give a direction to any person to give his voice sample for the purposes of any investigation ..... other words on arresting a person in a case relating to an offence punishable with rigorous imprisonment for a term of 1 year or upwards it would be possible for the police officer (of any rank) to obtain not only the voice sample but the full medical profile of the arrested person without seeking any direction from the magistrate under section 5 of the identification of prisoners act or taking recourse to the provisions of section 53 or 53a of the ..... expressed that a suitable legislation may be made on the analogy of section 5 of the prisoners act to provide for the investiture of magistrates with the power to issue directions to any person including an accused person to give specimen signatures and writings. .....
Tag this Judgment!Court : Chennai
Reported in : 2003(1)CTC223
..... coming to the evidence of p.w.s-expert and his report-ex.p13, first of all, admittedly though the inspector of police has obtained the specimen signatures of the accused in the presence of p.w.4, he has not made requisition to the magistrate concerned under section 5 of identification of prisoners act to get the specimen signatures from the accused and also the specimen signature from p.w. ..... though the case of the prosecution is that it was the accused who forged the signature of p.w.1 and cheated the dealer and secured a maruthi gypsy van as if p.w.1 has made an application for delivery of maruthi gypsy van, the signatures of the accused, alleged to have been signed by him in the name of p.w.1, were not shown to p.w.1 and put questions as to its genuineness when he was in the box ..... - if a magistrate is satisfied that, for the purpose of any investigation or proceeding under the code of criminal procedure, 1898, it is expedient to direct any person to allow his measurements or photograph to be taken, he may make an order to that effect, and in that case the person to whom the order relates shall be produced or shall attend at the time and place specified in the order and shall allow his measurements or photograph to be taken, as the case may be, by a police ..... aggrieved by the said conviction and sentence, the appellant has filed the above appeal before this court ..... (iv) the evidence of p.w.4 is highly suspicious and artificial; (v) the persons working in the maruthi sales depot i.e. .....
Tag this Judgment!Court : Supreme Court of India
..... relevant would it be to further note that in relation to offences punishable with death or imprisonment for life, section 4 of the identification of prisoners act, 1920 would not be applicable because the said provision specifies a prerequisite : that the person concerned is accused of having 15 committed an offence which is punishable with a sentence to undergo rigorous imprisonment for a term of one year or upwards i.e. ..... mr gambhir next contends that in view of section 5 of the identification of prisoners act, it was incumbent on the police to obtain the specimen thumb- impressions of the appellant before a magistrate, and since this was not done, the opinion rendered by the finger print expert, mr. ..... si amrit raj (pw-32a), without obtaining the permission of the magistrate as per section 5 of the identification of prisoners act, 1920. ..... to avoid any suspicion regarding the genuineness of the fingerprint so taken or resort to any subterfuge, the appropriate course of action for the investigating officer was to approach the magistrate for necessary orders in accordance with section 5 of the identification of prisoners act, 1920. ..... , referred the following question to be adjudicated by a larger bench: whether the sample finger prints given by the accused during investigation under section 4 of the identification of prisoners act, 1920 without prior permission of the magistrate under section 5 of the act will be admissible or not?. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2001CriLJ4583; I(2002)DMC486
..... is submitted by the learned counsel for the petitioner that a person sentenced to imprisonment under sections 307/498-a/406 ipc is not excluded from claiming conditional release under this act as if such a person was to be excluded from the benefit of conditional release, the legislature would have inserted sections 307, 498-a and 406 ipc also in rule 9(a)(i) of ..... section 2 of the act lays down as follows :'power of government to release by licence conditions imposed by it:notwithstanding anything contained in sections 401 of the code of criminal procedure, 1898 (v of 1898) when a person is confined in prison under a sentence of imprisonment and it appears to the state government from his antecedents or his conduct in the prison that he is likely to abstain from crime and lead useful and industrious life, if he is released from prison, the state government may by licence permit him to be released on condition that he ..... be placed under the supervision or authority of a government officer or a secular institution or of a person or society, named .....
Tag this Judgment!Court : Andhra Pradesh
..... for five days without any justifiable reason and also on the ground that the finger prints of the accused were not taken with the permission of the magistrate in accordance with section 5 of the identification of prisoners act, 1920, and further observed that though under section 4 of the identification of prisoners act, 1920, police are competent to take finger prints of the accused, to dispel any suspicion as to its bona fides or to eliminate the possibility of fabrication of evidence, it is eminently desirable ..... section 4 of the identification of prisoners act, 1920, provides that any person who has been arrested in connection with an offence punishable with rigorous imprisonment for a term of one year or upwards, shall, if so required by a police officer, allow his measurements to be taken in the prescribed manner, and as such it applies ..... prosecution having failed to establish the circumstances, much less each circumstance connecting the accused to the death of the deceased beyond all reasonable doubt, the conviction and sentence of the appellants for the charges under section 302 read with section 34 ipc and section 379 ipc, recorded by the learned sessions judge, cannot be sustained and is liable to be set aside. ..... he stated that he is looking after the sugarcane fields of his brother-in-law and that he noticed a dead body of a male person, and he also noticed broken glass pieces of beer bottles, broken bangle pieces, telephone wire and burnt cigarette butts and burnt match .....
Tag this Judgment!Court : Andhra Pradesh
..... for five days without any justifiable reason and also on the ground that the finger prints of the accused were not taken with the permission of the magistrate in accordance with section 5 of the identification of prisoners act, 1920, and further observed that though under section 4 of the identification of prisoners act, 1920, police are competent to take finger prints of the accused, to dispel any suspicion as to its bona fides or to eliminate the possibility of fabrication of evidence, it is eminently desirable ..... section 4 of the identification of prisoners act, 1920, provides that any person who has been arrested in connection with an offence punishable with rigorous imprisonment for a term of one year or upwards, shall, if so required by a police officer, allow his measurements to be taken in the prescribed manner, and as such it applies ..... prosecution having failed to establish the circumstances, much less each circumstance connecting the accused to the death of the deceased beyond all reasonable doubt, the conviction and sentence of the appellants for the charges under section 302 read with section 34 ipc and section 379 ipc, recorded by the learned sessions judge, cannot be sustained and is liable to be set aside. ..... he stated that he is looking after the sugarcane fields of his brother-in-law and that he noticed a dead body of a male person, and he also noticed broken glass pieces of beer bottles, broken bangle pieces, telephone wire and burnt cigarette butts and burnt match .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(4)MPHT381
..... 286/06 against these applicants under section 31(b) of prisoners act, 1900 and filed a challan before the jmfc begumganj, raisen and the learned magistrate has framed charges against these applicants under section 224 of ipc and 31(b) of prisoners act, 1900 on 13-12-2007. ..... in these circumstances, as provided in section 468(2)(c) of cr.pc the period of limitation is 3 years in these circumstances the court could not have taken cognizance of the offence under section 224 of ipc and 31(b) of prisoners act, 1900 after 3 years. ..... applicants are charged under section 224 of ipc and 31(b) of prisoners act, 1900, in both these offences, applicants can be punished with imprisonment for either description for a term which may extend to 2 years or with fine or with both. ..... 73/07 pending before jmfc, begumganj under section 224 of ipc and 31(b) of prisoners act 1900 be quashed.2. ..... the fir against these applicants was lodged by town inspector begumganj on 9-10-2006 almost 8 years of the offence under section 31(b) of prisoners act, 1900.5. ..... in this case, neither prosecution has moved any application under section 473 of cr.pc neither applicants were heard nor learned magistrate has condoned the delay by any speaking order and trial court took cognizance of the offence without satisfying itself about the delay which is contrary to the provision of the law.for the reasons stated ..... 87/1986 for life imprisonment and one year sentence. .....
Tag this Judgment!Court : Allahabad
Reported in : 2000CriLJ4125
..... the officer so in charge, on receipt of such order, shall act in accordance therewith, and shall provide for the safe custody of then prisoner during his absence from the jail for the purpose aforesaid.the aforesaid provision contained in section 542 of the old code permitted the presidency magistrate to have produced before him as a witness or an accused any person in confinement, in any case pending before him. ..... criminal prisoner as defined under sub-section (3) of section 3 means any criminal prisoner under sentence of a court or court-martial, and includes a person detained in prison under the provisions of chapter viii of the code of criminal procedure, 1882 or under the prisoners act 1871. ..... it has been provided in section 3 of the prisoners act, 1900 that the officers-in-charge of prisons can detain persons duly committed to their custody under that act 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 the course of ..... . prisoner to be brought to court in custody:- in any other case, the officer in charge of the prison shall, upon delivery of the court's order, cause, the person named therein to be taken to the court so as to be present at the time mentioned in such order, and shall cause him to be kept in custody in or near the court until he has been examined or until the court authorizes him to be taken back to the prison in which he is confined or .....
Tag this Judgment!