Chapter VII ADMISSION, TRANSFER AND DISCHARGE OF PRISONERS

1. (1) The Officer In-Charge of a prison shall receive and detain a person duly committed to his custody, under this Act or otherwise, by any Court or any competent authority, according to the exigency of any writ, warrant or order by which such person has been committed to the prison until such person is discharged or removed in due course of law.
2. (2) The Officer-In-Charge of a prison shall, after the execution of such writ, warrant or order or after discharge of the person committed thereby, return the same to the court by which it was issued, with a duly signed certificate, showing how the same has been executed or why the person committed thereby has been discharged from custody before execution thereof.
3. (3) The Officer-In-Charge of a prison shall give effect to any sentence or order or warrant for the detention of any person, passed or issued by any court or competent authority, under the provisions of any law for the time being in force.
4. (4) Where an Officer-In-Charge of a prison doubts the legality of a warrant or order sent to him for execution, he shall refer the matter to the Government for confirmation,
5. (5) Pending a reference made under sub-section (4), the prisoner shall be detained in such manner and with such restrictions or mitigations, as maybe specified in the warrant or order.
6. (6) No person shall be admitted into a prison for detention otherwise than under the production of a lawful warrant or under any order of commitment addressed to the Officer-In-Charge of a prison by a Court or any other competent authority.

1. (1) Whenever a prisoner is admitted into a prison, he shall be searched and all cash, jewellery, weapons and prohibited articles or any other article which a prisoner cannot retain with him shall be taken from him and retained in safe custody of the Officer-In- Charge of the prison or an officer authorized by him. Provided that a woman prisoner or a transgender prisoner shall be searched in an appropriate manner as may be prescribed under the rules.
2. (2) Every inmate received in a prison shall undergo such physical and biometric identification measurements in accordance with the provisions of the Criminal Procedure (Identification) Act, 2022 and any other law in force.
3. (3) Every such prisoner shall be examined, on the same day or not later than 24 hours, by the medical officer, who shall enter in a record, the health status of the prisoner, including any illness, present or past, any wounds or marks on his body.
4. (4) Every prisoner who leaves a prison or re-enters a prison shall also undergo search and physical and biometric identification upon each such exit from or entry into Prison.
5. (5) The search and examination procedure may be such, as may be prescribed by rules.

Any prisoner shall be liable to be searched at any time for detection of any prohibited article, etc., as may be prescribed by rules.

All valuable articles of a prisoner, in respect whereof no order of a competent court has been made, and which, under the rules may, be brought into a prison by any prisoner or sent to the prison for the inmate’s his use, shall be placed in the custody of the officer authorized by the Officer-In-Charge in this behalf.

1. (1) Where any person is confined in a prison in the State under a sentence of imprisonment or under sentence of death or in default of payment of fine or in default of giving security for keeping peace or for maintaining good behaviour, the State Government may, with the mutual consent of the Government of any other State/UT, by order, provide for the transfer of the prisoner from that prison to any prison in the other State/UT, as may be prescribed by rules.
2. (2) The transfer of any under trial prisoner from the State to another State/UT, may be done with the consent of the trial Court.

1. (1) The Head of Prisons and Correctional Services shall be empowered to transfer a convict prisoner to any other prison in the State, as may be prescribed under the rules.

1. (1) No Prisoner shall be removed from one prison to another unless the Medical Officer certifies that the prisoner is free from any illness rendering him unfit for removal.
2. (2) No prisoner shall be discharged against his will from prison, if labouring from any acute or dangerous distemper, nor until, in the opinion of the Medical Officer, such discharge is safe.
3. (3) Officer-in-Charge may act as per section 304 of Bharatiya Nagarik Suraksha Sanhita, 2023 regarding prisoner whose release orders have been received in local cases and against whom a production warrant from an outside court has been received by the Officer- in-Charge.

1. (1) The information of admission of a foreign prisoner in a prison shall be sent forthwith to the Head of the Directorate of Prisons and Correctional Services and forwarded to the Ministry of External Affairs, Government of India, or any other agency as may be specified by the Central Government as may be prescribed under the rules.
2. (2) Transfer of prisoners to outside India and reception to India shall be done as per the Repatriation of Prisoners Act, 2003 and rules framed there under.