Criminal liability for breach of conditions of suspension of sentence, etc.

The Prisons and Civil Jails (Bombay Extension, Unification and Amendment) Act, 1958

Criminal18744 sections

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Statutory text

(1) If any prisoner fails without sufficient cause to observe any of the conditions on or subject to which his sentence was suspended or remitted, or release on parole or furlough was granted to him, he shall, on conviction, be punished (such punishment being in addition to any punishment which such prisoner was undergoing when he committed such offence) with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees, or with both.
(2) No Court shall take cognizance of an offence under this section except with the previous sanction of the State Government or the authority which granted suspension or remission of the sentence.";
- (i) in section 59 for clause
(5) the following shall be substituted, namely— "(5) for the award of marks, the suspension, or remission and consequent shortening of sentences, and the grant of release on parole or furlough and determining the conditions on which and the authority by which the sentences may be suspended or remitted and the prisoners may be released on parole or furlough ;". 4. Extension of Bom. II of 1874 as in force in pre-Reorganisation Bombay area to other areas of the State For the purposes of extending the Civil Jails Act, 1874 to the rest of the State of Bombay, and bringing it into force therein, and for providing uniformity in the provisions of that Act in its application to the whole of the State, on the commencement of this Act, the Civil Jails Act, 1874 as in force immediately before such commencement in the pre-Reorganisation State of Bombay (excluding the transferred territories) is hereby extended, and shall be so in force, throughout the State; in consequence whereof, on such commencement,— (1)
- (a) the Civil Jails Act, 1874 as applied by the Kutch (Application of Laws) Order, 1949 to the Kutch area of the State of Bombay, and
- (b) the Civil Jails Act, 1874 as adapted and applied by the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948 to the Saurashtra area of the State of Bombay, shall stand repealed;
(2) in the Civil Jails Act, 1874 as extended and brought into force by the foregoing provision (hereinafter referred to as "the extended Civil Jails Act"),—
- (a) in the long title for the words "City and Presidency of Bombay" the words "State of Bombay excluding Greater Bombay" shall be substituted;
- (b) in Part III, below the heading "Civil Jails", the following section shall be inserted, namely:— Application. 8. This Act shall apply to civil jails in the State of Bombay outside Greater Bombay.";
- (c) in section 9 after the figures "1869" the words "or any corresponding law for the time being in force in any part of the State" shall be inserted;
- (d) in section 10, after the words "District Court" the brackets and words "(or the corresponding officer by whatever name called, hereinafter referred to as "the nazir")" shall be inserted. 5. Saving The repeal by section 2, of—
  - (i) the Hyderabad Prisons Act, 1954, and the Prisons Act, 1894, as adapted and applied to the Saurashtra area of the State by the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948 ;
  - (ii) Part VI-A inserted in the Prisoners Act, 1900 by the Central Provinces and Berar Prisoners (Amendment) Act, 1939, in its application to the Vidarbha region of the State of Bombay; and
  - (iii) the Central Provinces and Berar Prisons (Amendment) Repealing Act, 1940, in its application to the Vidarbha region of the State of Bombay; and, by section 4, of—
  - (iv) the Civil Jails Act, 1874, as applied by the Kutch (Application of Laws) Order, 1949, to the Kutch area of the State of Bombay ; and
  - (v) the Civil Jail Act, 1874, as adapted and applied by the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948, to the Saurashtra area of the State of Bombay, shall not affect—
- (a) the previous operation of any of the laws so repealed, or
- (b) any right, privilege, obligation or liability acquired, accrued or incurred under any of the laws so repealed ; or
- (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any of the laws so repealed, or
- (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid ; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had not commenced in the area in which the laws were in force : Provided that, subject to the foregoing provision anything done or any action taken (including any appointment or delegation made, notification, order, instruction or direction issued, rule or regulation made or permission granted) under any such law shall, in so far as it is not inconsistent with the principal Act or the extended Civil Jails Act, be deemed to have been done or taken under the corresponding provisions of those Acts, and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under the principal Act or, as the case may be, the extended Civil Jails Act : Provided further that reference to any law so repealed, or to any of the provisions thereof, or to any officer or authority appointed thereunder, in any law for the time being in force, or in any instrument or other document shall, as far as may be, be construed as a reference to the principal Act or, as the case may be, the extended Civil Jails Act or the relevant provisions thereof, or the corresponding officer or authority mentioned therein or appointed thereunder.

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