Judgment Search Results Home > Cases Phrase: prisoners act 1900 section 6 power for 1 state governments to appoint superintendents of presidency prisons Page 1 of about 40 results (0.235 seconds)

In Re: Horace Lyall

Court : Kolkata

Reported in : (1902)ILR29Cal286

..... the petitioner in his custody, subject to his transfer under section 29 of that act to any other jail by order of the local government, by which he was subsequently transferred to the presidency jail. ..... who heard this case under section 307 of the code had ample power to send the petitioner to the alipore jail, which is within the limits of the jurisdiction they were exercising, if the alipore jail was a place appointed by the local government under section 541 as a place for the custody of persons of the class to which the petitioner belongs, and the superintendent of the alipore jail was, by section 15 of the prisoners act, iii of 1900, required and authorised to detain ..... limits be set at liberty.and by the rules of the high court passed under the corresponding section of the criminal procedure code of 1875, and now repealed, and which rules are still in force, it is provided as follows: 'every application to bring up before the court a person alleged to be illegally or improperly detained in custody shall be supported by affidavit or affirmation, stating where and by whom the person is detained in custody, and (so far as they are known .....

Ritesh SinhA. Vs. the State of Uttar Pradesh and anr.

Court : Supreme Court of India

..... it may not be inappropriate here to point out that in exercise of the rule-making powers under section 8 of the identification of prisoners act some of the state governments have framed rules. ..... while dismissing the appeal, this court 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. ..... finds another source for the power of the magistrate in section 5 of the identification of prisoners act, 1920. ..... she finds and holds that section 73 of the evidence act and section 311a of the code of criminal procedure are of no help and those two provisions cannot be used for obtaining a direction from the magistrate for taking voice sample and finally rests her conclusion on the provisions of the identification of prisoners act, 1920 and section 53 of the code of criminal procedure.13. ..... to "furnishing evidence" in the larger sense of the expression so as to include giving of thumb impression or impression of palm or foot or fingers or specimen writing or exposing a part of the body by an accused for the purpose of identification because such interpretation would not have been within the contemplation of the constitution makers for the simple reason that though they may have intended to protect an accused person from the hazards of self-incrimination, they could not have intended .....

K. Dhanasekaran Vs. State by Inspector of Police, C.B., C.i.D.

Court : Chennai

Reported in : 2003(1)CTC223

..... to show that the specimen signatures were obtained as per the procedure laid down under section 5 of the identification of prisoners act, it is not safe to impose conviction merely on the basis of expert's opinion, in our case, i have already referred to the fact that the evidence of p.ws.1, 3 and 4 are not reliable for the reasons stated above; accordingly, in the absence of compliance of section 5 of the identification of prisoners act, now i shall consider whether the conviction can be based only on the 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 ..... accused is vague and it does not convey specific allegation against the accused or his involvement with the commission of offence; (ii) on the basis of expert's opinion alone, the accused cannot be convicted for offences under sections 467 and 468 i.p.c.; (iii) the police officer failed to adhere to the provisions contained in section 5 of the identification of prisoners act, 1920 ..... . on the other hand, learned government advocate would contend that the prosecution has not only relied upon the expert's (p.w.8) evidence, but also the other witnesses, namely, p.ws.3 and 4 as well as ..... . power of magistrate or order a person to .....

Sonvir @ Somvir Vs. The State of Delhi

Court : Supreme Court of India

..... misconceived because 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 this they did, in the instant case, before the superintendent of police, shri k.p. ..... section 8 empowers the state government to make rules for the purpose of carrying into effect the provisions of the act. ..... in the decision reported as air1976sc69mahmood 13 vs state of uttar pradesh, specimen finger print impressions taken by the investigating officer under section 4 of the identification of prisoners act, 1920, in the absence of a manner prescribed for taking the finger print impressions, was held to be a case of evidence not being admissible with respect to the finger prints obtained and the opinion of the expert thereon. ..... non-framing of any rules under section 8 by the state government does not prohibit the exercise of powers given under sections 3 and 4 of the act. ..... the purpose and object of empowering police officer to take fingerprints in an offence punishable with rigorous imprisonment for a term of one year or upwards is; for offences of trivial nature where rigorous 20 imprisonment is less than one year police officer is not empowered to take fingerprints. .....

Parveen Kumar Vs. State of Haryana

Court : Punjab and Haryana

Reported in : 2001CriLJ4583; I(2002)DMC486

..... 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 ..... 'rule 9 of the rules 1927 lays down as follows: 'classes of offenders not eligible for conditional release : the following classes of offenders shall not be eligible for conditional release under the act(a) persons who have been convicted for offences under the following acts, or provisions thereof :-(i) chapters vi and vii, sections 216a, 302, 303, 311, 328, 364, 376, 377, 382, 386 to 389, 392 to 402, 413, 455 to 460 of the indian penal code. ..... the impugned order annexure p-5 is quashed and the respondents are directed to reconsider his case for conditional release under section 2 of the good conduct prisoners' probational release act, 1926 read with the good conduct prisoners' probational release rules, 1927 within three months of the receipt of copy of this order.12. .....

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

Court : Andhra Pradesh

..... the powers conferred on it by section 8 of the act, the state government made a.p ..... 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 ..... case of the counsel for the appellants that for taking the chance prints and finger prints of the accused, no permission was taken from the magistrate, as is required under section 5 of the identification of prisoners act, 1920. ..... 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 to the appellants-accused in the present case, irrespective of the fact ..... and other articles seized by the police were kept in the police station 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 .....

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

Court : Andhra Pradesh

..... of the powers conferred on it by section 8 of the act, the state government made a.p. ..... 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 ..... case of the counsel for the appellants that for taking the chance prints and finger prints of the accused, no permission was taken from the magistrate, as is required under section 5 of the identification of prisoners act, 1920. ..... 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 to the appellants-accused in the present case, irrespective of the fact ..... and other articles seized by the police were kept in the police station 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 .....

Harishankar and anr. Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 2008(4)MPHT381

..... 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 ..... /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. ..... 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. ..... pending before jmfc, begumganj under section 224 of ipc and 31(b) of prisoners act 1900 be quashed.2. ..... this section has given judicial powers and discretion to take cognizance even after the limitation period, but if sufficient cause is shown or interest of justice demand ..... 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 above, the petition succeeds and allowed. ..... power under section 473 are discretionary and wider than section 5 of limitation act .....

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

Court : Allahabad

Reported in : 2000CriLJ4125

..... section 10 repealed part ix of the prisoners act 1900 and also the first and second schedule to the said act and provided a specific format for these two types of contingencies, which may arise under sub-section (1) of section 3 and sub-section (2) of section ..... power of state government to exclude certain persons from the operation of rule 2-(1) the state government may, at any time, having regard to the matters specified in sub-rule (2) by general or special order direct that any person or class of persons shall not be removed from the prison in which he or they may be confined or detained, and thereupon, so long as the order remains in force, no order made under rule 2, whether before or after the date of the order made by the state government, shall have effect ..... taking into account the facts that the order of haryana court fixing date for the production of dharampal and another co-accused had already expired, the superintendent, district jail at meerut was not bound to transfer those petitioner and therefore, held that both of them be set at liberty but could be re-arrested ..... (2) 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 .....

Deepak Nanda and Another Vs. State

Court : Delhi

..... a possible view is that it was thought that section 73 of the evidence act would not take in the stage of investigation and so section 5 of the identification of prisoners act made special provision for that stage and even while making such provision, signature and writings were ..... 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 committed an offence which is punishable with a sentence to undergo rigorous imprisonment for a term of one year or upwards i.e. ..... contention is devoid and looses force when we refer to the statement of asi khajan singh (pw-8), who has stated that the finger print proficient, constable devener (pw-7) and constable praveen kumar, photographer, (pw-30) were present with him ..... instances have recently been reported to the government of india where prisoners have refused to allow their finger prints or photographs ..... section 5 deals with the different aspect and confers power on the magistrate to direct any person to be measured or photographed, if he is satisfied that for the purpose of an investigation or proceeding ..... of convicted person; section 4, which stipulates taking of measurement of a non-convicted person; and section 5 which deals with the power of the magistrate to order a person to be ..... power of magistrate to order a person to be .....