section 19
Admission of prisoners
The Mizoram Prisons and Correctional Services Act, 2024Criminal202470 sections21 chapters
Chapter VII ADMISSION, TRANSFER AND DISCHARGE OF PRISONERS
Statutory text
Admission of prisoners.-
- (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) 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) 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) 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) Pending a reference made under sub section
- (4) above, the prisoner shall be detained in such manner and with such restrictions or mitigations, as maybe specified in the warrant or order.
- (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.
- (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.
- (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.
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