The East Punjab Exchange of Prisoners Act, 1948
The East Punjab Exchange of Prisoners Act, 1948
The East Punjab (Exchange of Prisoners) Act, 1948, governs the mutual transfer and legal handling of prisoners between India and Pakistan following Partition, as applied to the territory of Chandigarh. It enables the Central Government to transfer willing Muslim prisoners from local custody to Pakistani authorities, terminating local court jurisdiction over them. It also establishes procedures for receiving repatriated prisoners from Pakistan, allowing Indian authorities to hold them in custody, continue pending trials, manage police investigations, and execute sentences or preventive detentions. This legislation ensured legal continuity, orderly administrative processes, and cross-border cooperation for individuals displaced or imprisoned during Partition.
- 1. Short title and extent
- 2. Interpretation
- 3. Removal of transferable prisoners
- 4. Examination of witnesses on Commission
- 5. Custody and removal of repatriated prisoners
- 6. Convicted prisoners
- 7. Prisoners undergoing trial before repatriation
- 8. Procedure in respect of repatriated prisoner while in Police custody
- 9. Delegation of power
- 10. Power of Central Government in relation to preventive detention
- 11. Jurisdiction of the High Court
- 12. Power of Central Government to suspend, remit or commute sentences
- 13. Lawfulness of taking open custody or escape
- 14. Operation of Ordinance
- 15. Power to make rules
- 16. Repeal of Ordinance
PDF: pending for this language.