Chapter VII ADMISSION, TRANSFER AND DISCHARGE OF PRISONERS

Admission 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
6. (4) above, the prisoner shall be detained in such manner and with such restrictions or mitigations, as maybe specified in the warrant or order.
7. (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.
8. (7) A person who is seriously ill or serious injuries committed to judicial custody shall be admitted in a prison only on the advice of Prison Medical Officer/Medical Sub-ordinate.
9. (8) No convicted prisoners and UTPs shall be admitted in Prisons irrespective of the time of their arrival and shall not be admitted after the Jail has been locked without prior written order of the Magistrate.

Transfer of a prisoner to another State/UT.-

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

Prisoners to be searched and examined on admission, exit and re-entry.-

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.
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.

Search of Prisoners.- Any prisoner shall be liable to be searched at any time for detection of any prohibited article, etc.

Articles of prisoners.- 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.

Admission, transfer and repatriation of foreigner prisoners.- The information of admission of a foreigner prisoner in a prison shall be sent forthwith to the Head of the Directorate of Prisons & 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.