Amendment status not verified — confirm the current text below against the official source.
(1) All warrants shall be examined to ascertain whether they conform to the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) and the orders of the High Court. (2) Every warrant shall show the class (habitual or casual) to which the prisoner belongs and in case of those previously convicted, a statement showing the previous conviction shall be attached. (3) The Superintendent may refuse to receive or detain a prisoner in prison on a warrant, to which is affixed a signature, by means of a stamp. But he should ordinarily adopt the procedure detailed in sub-rule (6) below. (4) All warrants in manual form shall be signed in full (not initials) by the Judge or Magistrate who issues it and shall be sealed with the seal of the court. (5) In the case of prisoners on whom separate sentences are passed, care shall be taken about the date mentioned in the warrant of commitment from which each sentence shall have effect. (6) The Superintendent shall not refuse to admit the prisoner where the above instructions have not been complied with but shall draw the immediate attention of the Magistrate concerned to the defects in the warrant of commitment and ask for its rectification at once while endorsing a copy to the District Magistrate in case warrant is issued by an Executive Magistrate and to the Commissioner of Police, in case warrant is issued by an Assistant Commissioner of Police and to the District and Sessions Judge, in case warrant is issued by a Judicial Magistrate for information. HARYANA GOVT. GAZ. (EXTRA.), DEC. 30, 2022 (PAUS. 9, 1944 SAKA) 1213 (7) Where an accused person has, on conviction, been sentenced to imprisonment for a term, the period of detention undergone by him during the investigation, inquiry, or trial of the same case before the date of such conviction, if any, shall be set off against the term of imprisonment imposed on him on such conviction, and the liability of such person to undergo imprisonment on such conviction shall be restricted to the remainder, if any, of the term of imprisonment imposed on him. (8)In every production warrant issued by a court under the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), it shall be mentioned by the issuing Magistrate/Judge in case of a manual warrant under proper seal and signature that the accused in question is in custody or not. No prisoner shall be detained in prison merely on the authority of a production Warrant, if he has been released in other cases in which he was in custody, as per provisions of clause (b) of section 269 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974): Provided that when a prisoner has been produced before the court on a production warrant once, he shall be released only after due verification by the Court concerned. (9) A copy of remand papers and antecedent report submitted by the police while requesting for remanding the accused to judicial custody shall be forwarded to the Superintendent alongwith the custody warrant by the Magistrate or Special Judge, as the case may be. (10) Benefit of section 428 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) shall be admissible to a prisoner for the period undergone by him in prison till the first conviction. When a prisoner is undergoing conviction in one case, the benefit of that conviction period shall not be provided as under-trial period in any other pending case/s. Illustration:- Prisoner X is admitted in prison on 01-01-16 in three different cases bearing FIR No. A, B and C. He was sentenced to a term on 20-10-16 in FIR No. A, sentenced on 25-11-16 in FIR No. B and thereafter sentenced on 30-12-16 in FIR No. C. The benefit of set off period under section 428 of the Code of Criminal Procedure, 1973(Central Act 2 of 1974) shall be given to him for only nine months and nineteen days in all three cases (i.e. w.e.f. 01-01-16 to 19-10-16). Copy of warrant returned for correction to be retained.