Bare Act
The Jammu and Kashmir Prisoners Act, 1920
The Prisoners Act, 1977, is a procedural statute governing the administration of prisons and the management of individuals in custody within the Jammu and Kashmir jurisdiction. It does not define crimes or punishments but establishes the legal machinery for how prison officers must handle detainees, including their reception, detention, and transfer. The Act provides clear protocols for producing prisoners in court for evidence, managing prisoners with mental health conditions, and executing court warrants. For the ordinary citizen, this Act ensures that the state’s power to hold individuals is strictly regulated, preventing arbitrary movement or detention and ensuring prisoners retain rights to participate in legal proceedings.
- 1. Short title, extent and commencement
- 2. It shall come into force on the 1st day of Baisakh, 1978.
- 3. Officers in charge of prisons to detain persons duly committed to their custody
- 4. Officers in charge of prisons to return writs, etc., after execution or discharge
- 15. Power for officers in charge of prisons to give effect to sentences of certain Courts
- 16. Warrant of officer of such Court to be sufficient authority
- 17. Procedure where officer in charge of prison doubts the legality of warrant sent to him for execution under this Part
- 29. Removal of prisoners
- 30. Lunatic prisoners how to be dealt with
- 32. Appointment of places for confinement of persons under sentence of imprisonment for life and removal thereto
- 33. Release, on recognizance, by order of High Court, of prisoner recommended for pardon
- 35. Power for Civil Courts to require appearance of prisoner to give evidence
- 36. District Judge in certain cases to countersign orders made under section 35
- 37. Power for certain Criminal Courts to require attendance of prisoner to give evidence or answer to charge
- 38. Order to be transmitted through Magistrate of the district or sub-division in which person is confined
- 39. Procedure where removal is desired of person confined in a prison more than one hundred miles from place where evidence is required
- 41. Prisoner to be brought up
- 42. Power to Government to exempt certain prisoners from operation of this Part
- 43. Officer in charge of prison when to abstain from carrying out order
- 44. Commissions for examination of prisoners
- 46. Commission how to be directed
- 47. Process how served on prisoners
- 48. Process served to be transmitted at prisoner's request
- 50. Deposit of costs
- 51. Power to make rules under this Part
- 52. Power to declare who shall be deemed officer in charge of prison
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