Judgment Search Results Home > Cases Phrase: prisoners act 1900 section 36 repealed Court: andhra pradesh Page 1 of about 111 results (0.142 seconds)

Narne Gopikrishna and Another Vs. State of A.P. Rep by Public Prosecut ...

Court : Andhra Pradesh

..... 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 ..... babu khan (air 1997 sc 2960)and submitted that finger prints were taken without obtaining permission from the magistrate as contemplated under section 5 of the identification of prisoners act, 1920, and as such the same is inadmissible in evidence and cannot be looked into and the conviction of the accused based on such evidence cannot be ..... state of rajasthan (air 1978 sc 1248), when it was contended by the appellant therein that in view of section 5 of the identification of prisoners act, it was incumbent on the police to obtain the specimen thumb impression of the appellant before a magistrate, and since that was not done, the opinion rendered by the finger-print expert by using those illegally ..... ) also, the honble apex court held that the specimen finger-prints of the appellant were not taken before or under the order of a magistrate in accordance with section 5 of the identification of prisoners act, which was another suspicious feature about conducting of investigation. .....

Narne Gopikrishna and Another Vs. State of A.P. Rep by Public Prosecut ...

Court : Andhra Pradesh

..... 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 that they ..... babu khan4 and submitted that finger prints were taken without obtaining permission from the magistrate as contemplated under section 5 of the identification of prisoners act, 1920, and as such the same is inadmissible in evidence and cannot be looked into and the conviction of the accused based on such evidence cannot be sustained. ..... state of rajasthan5, when it was contended by the appellant therein that in view of section 5 of the identification of prisoners act, it was incumbent on the police to obtain the specimen thumb impression of the appellant before a magistrate, and since that was not done, the opinion rendered by the finger-print expert by using those illegally obtained ..... (3 supra) also, the hon'ble apex court held that the specimen finger-prints of the appellant were not taken before or under the order of a magistrate in accordance with section 5 of the identification of prisoners act, which was another suspicious feature about conducting of investigation. .....

Chita Narasimha Prasad, (A1) Ex. Manager, Andhra Bank Vs. Sub-inspecto ...

Court : Andhra Pradesh

Reported in : 2005(2)ALD(Cri)790; 2006CriLJ336

..... state of rajasthan 1997 scc (cri) 777 : 1997 cri lj 3567, the supreme court, while dealing with section 4 and 5 of the identification of prisoners act, 1920, held that though police is competent under section 4 of the identification of prisoners act to take fingerprints of accused, in order to dispel any suspicion as to the bona fides or to eliminate the possibility of fabrication of evidence which was eminently desirable that they would be taken before or under ..... the supreme court held that in the state of rajasthan, the police were competent under section 4 of the identification of prisoners act, to take the specimen fingerprints of the accused, and as the fingerprints were taken before the superintendent of police, it was not necessary for them to obtain an order from the magistrate for obtaining such specimen fingerprints since section 4 of the act is applicable to the state of rajasthan.in state of bombay v. kathi kalu : 1961crilj856 ..... section 5 of the identification of prisoners act, 1920, is a ..... .a practice, if it exists, is to be condemned when such practice enables a police officer below the rank of deputy superintendent of police to make an investigation free from the statutory safeguards (such as section 5a of the prevention of corruption act, 1947) designed to prevent the abuse of police powers, to secure the necessary information and thereafter to take the requisite permission of the magistrate and then to shape his investigation to achieve the desired result .....

Giriraj Singh Vaghela and 2 ors. Vs. State of A.P. Rep. by P.P., High ...

Court : Andhra Pradesh

Reported in : 2009CriLJ1257

..... 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.section 5 of the identification of prisoners act, 1920, reads thus:5. ..... to refer to sections 4 and 5 of the identification of prisoners act, 1920. ..... section 4 of the identification of prisoners act ..... a number of occasions at the behest of the bureau, they were never taken before or under the order of a magistrate in accordance with section 5 of the identification of prisoners act. ..... of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused.bearing the above principles in mind, it has to be seen whether the prosecution has proved its case against the accused, beyond all reasonable doubt?11. p.ws. ..... under illustration 2 of section 114 of indian evidence act, 1872. 41. ..... 18 does not fall within the ambit and scope of section 27 of the indian evidence act, 1872. 39. ..... police pursuant to the information given by the accused and if such disclosure statement was followed by recovery of any object, then such a recovery amounts to confession or not is relevant under section 27 of the indian evidence act, 1872. ..... of a2, the burden shifts to the accused to explain the same under section 114-a of the evidence act. .....

Challa Ramkonda Reddy and ors. Vs. State of Andhra Pradesh by District ...

Court : Andhra Pradesh

Reported in : 1990ACJ668; AIR1989AP235

..... proceedings in any court other than the high court or the court of appeal any question arises as to the contravention of any of the provisions of the said foregoing sections or section the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the high court unless in his opinion the raising ..... appellant moved another judge of the high court contending that he was deprived of his liberty except by due process of law and, therefore, his detention was in contravention of section 1(a) of the constitution, it is unnecessary to trace the course of proceedings in that behalf, except to say that on july 27, 1976, the privy council allowed the appeal ..... framed under the prisons act makes the police statutorily responsible for the safe custody of the prisoners while in jail ..... the correct, probable or even equally possible, interpretation of thelanguage of column 1 of article 2, limitationact, the breach or failure by local body which it was enjoined by section 132, punjab municipalact, to perform could not necessarily or in any case reasonably fall within the ambit of this article'.the learned judge was thus of the opinion that ..... (1) for the removal of doubts it is hereby declared that if any person alleges that any of the provisions of the foregoing sections or section of this constitution, has been, is being.or is likely to be contravened in relation to him, then, without prejudice to any other action with respect to the same matter .....

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

Court : Andhra Pradesh

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

..... in view of our finding that rules under the andhra pradesh prisons rules are made only in exercise of the power conferred on the state government under section 59 of the prisons act, 1894, the second submission of the petitioner that the prisons rules override the provisions of section 433a of the code of criminal procedure, is to be rejected and in the very judgment relied upon by the learned counsel for the petitioner in mam ram's case (supra), their lordships of the supreme ..... , the prisons rules are made by the state in exercise of the power under article 161 of the constitution of india, read with rule making power of the prisons act and therefore the question of the provision under section 433-a of the code of criminal procedure, overriding the beneficial provisions of the prisons act does not arise; therefore, the prisoner is still entitled to the benefit of the provisions of the prisons rules. ..... 'if the power under sections 432 and 433 of the code of criminal procedure, are not manifestations of the constitutional power under articles 72 and 161, it would be illogical to hold that the remission rules, which are expressly claimed to have been made under the statutory power of the prisons act, are a manifestation of the executive clemency power under articles 72 and 161 of the constitution ..... para 16 of the said judgment, their lordships held that the prisons rules are made in exercise of the power conferred on the state government under section 59 of the prisons act, 1894. .....

Bondili Jagannath Singh Vs. the Government of Andhra Pradesh

Court : Andhra Pradesh

Reported in : 1983CriLJ1740

..... . section 5 makes the provisions of the prisons act, 1894 and the prisoners act, 1900 and the rules framed thereunder, applicable to the case of every borstal school established under the act, as if it were a prison, and the inmates prisoners, but subject to any alterations, adaptations and exceptions made by the act and the rules framed thereunder. 16 ..... empowers a court having jurisdiction under the act to pass a sentence of detention in a borstal school in lieu of passing a sentence of imprisonment, section 10 empowers the inspector general of prisons if he is satisfied that any adolescent offender undergoing imprisonment in consequence of a sentence passed either before or after the passing of the act, might with advantage, be detained in a borstal school, to transfer such person from prison to the borstal school, there to serve the whole or any part of the unexpired residue of his sentence, and ..... thereupon the provisions of the act shall apply to such person as if he had .....

M.T. Khan Vs. the Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : 1996(4)ALD346; 1996(2)ALT97; 1997CriLJ1962

..... the words 'in due course of law' occurring in the second limb of sub-section (2) of section 3 of the transfer of prisoners act, 1950, the division bench also held (at p. ..... was transferred from bastar to visakhapatnam central jail as per the provisions of the order issued by the government of madhya pradesh under section (3)(1) of section 29 of the transfer of prisoners act, 1950. ..... to overcome this difficulty, parliament has enacted act 29 of 1950 entitled the transfer of prisoners act 1950 as a result of which it is now legally permissible for the government of any state to transfer prisoners from one state to another state. ..... power of the state, according to the learned counsel, comprehends the power to pass orders granting remissions in respect of the excepted category in question and there is no impediment in this regard either in the transfer of prisoners act, 1950 or in any other enactment. 5. ..... madhya pradesh prisoners release on probation act, 1954, the government of madhya pradesh, by section 2, was empowered to release a person confined in a prison under a sentence of imprisonment if his antecedents and conduct were such that he is likely to abstain from crime and lead a peaceful life, if he was released from prison. ..... true that the prisoner in that case was lodged in a jail in the state of maharashtra but in view of the provisions of the special at, a particular state government alone was empowered to exercise its discretion under the provisions of section 2 of the said act. .....

B. Shankar and ors. Vs. State of A.P., Rep. by Its Public Prosecutor

Court : Andhra Pradesh

Reported in : 2003CriLJ2242

..... he placed reliance upon section 4 of the identification of prisoners act 1920.55. ..... section 4 of the identification of prisoners act requires that the measurements of any non-convicted person can be taken by a police officer only in the manner prescribed ..... pw.17, or for that matter, the investigating officer, did not depose before the court that the procedure prescribed under the identification of prisoners act was followed in collecting the finger prints of the concerned accused. ..... cases relate to the offences for which the respective appellants were already convicted and sentenced, this court feels that ends of justice would be met if the conviction and sentence for the offences under sections 399, 400 and 402 ipc are sustained but are directed to run concurrently with the sentence imposed against them in one of the cases where the highest sentence is imposed. ..... a2, a5, a6, a10, a11, a13 to a18, a23, a9 to a31 were convicted for the offence under section 400 ipc and were sentenced to undergo ri for 7 years and to pay a fine of rs.500/- each. ..... on appreciation of oral and documentary evidence, the trial court found a1 to a5 guilty of offence under section 395 ipc and sentenced them to undergo ri for 10 years each and to pay fine of rs.500/- each; in default to undergo si for 6 months ..... 'measurement' is defined under section 2(a) of the said act to include finger impressions and foot print impressions ..... 1638the relevancy of tip was explained with reference to section 9 of the evidence act. .....

P. China Sangaiah Vs. the Superintendent, Central Prison, Chenchalguda ...

Court : Andhra Pradesh

Reported in : 1982CriLJ2030

..... says that subject to any alterations, adaptations and exceptions made by the act and the rules framed under it, the prisons act 1894, and the prisoners act, 1900 and the rules framed thereunder shall apply in the case of borstal school established under the act as if it was a prison and the inmates prisoners. ..... that the inspector general may, if satisfied that any adolescent offender undergoing imprisonment in consequence of a sentence passed either before or after the passing of the act might with advantage be detained in a borstal school, direct that such person shall be transferred from prison to a borstal school, there to serve the whole or any part of the unexpired residue of his sentence. ..... are concerned with clause (a) of paragraph 2 of that order, which reads as follows :- '(a) except the prisoners sentenced for life who are governed by section 433-a cr.p.c. ..... once again these two sections also emphasize the fact that detention in borstal school is also a sentence. ..... supreme court observed :- 'under clause (a) all convicts who have undergone a total sentence of five years as on october 31, 1980 except prisoners sentenced for life and who are governed by section 433-a have to be released. ..... means that life convicts who are governed by section 433-a cr.p.c. ..... in exercise of the powers conferred by section 432 cr.p.c. ..... reddy, an adolescent offender along with three others were convicted under section 302 i.p.c. ..... section 11 says that before passing a sentence under ..... section 2(1) of the .....