Bare ActsThe Madhya Pradesh Second Extension of Laws Act 1961

Section 3

The Prisons Act, 1894 (No

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The Prisons Act, 1894 (No. IX of 1894) Preamble,- After “Part B States” insert “other than the Madhya Bharat and Sironj regions of the State of Madhya Pradesh.” Section 1.- (a) In sub-section (2), after “Part B States” insert “other than the Madhya Bharat and Sironj regions of the State of Madhya Pradesh.” (b) Omit sub-section (4). Section 6.- In the proviso, for “the State Government of Bombay” substitute “the State Government of Madhya Pradesh”. After Section 39, insert the following, namely:- “39-A. Power of Superintendent to send a prisoner to hospital or asylum for special treatment.-(1) The Superintendent may, if in his opinion, a prisoner requires special treatment in a hospital outside the prison or in any asylum as defined in the Indian Lunacy Act, 1912 (4 of 1912), send him or cause him to be sent to such hospital or asylum, subject to the prisoner or any relative or friend of the prisoner executing such bond and abiding by such other conditions, if any, as the State Government may prescribe. (2) The period spent by the prisoner for such treatment in the hospital or asylum or in going thereto or returning there from shall be deemed to be part of the period of his detention in the prison. Explanation 1.-Nothing contained in this section shall be deemed to effect the operation of Section 30 of the Prisoners Act, 1900 (3 of 1900), in cases to which that section applies. Explanation II.-In this section, ‘prisoner’ means a convicted criminal prisoner. 39-B. Punishment for escape or attempt to escape from hospital or asylum.-(1) If any prisoner dealt with under Section 39-A escapes or attempts to escape from the hospital or asylum to which he has been sent or when going thereto returning there from, he shall be punished 5 with imprisonment for a term which may extend to two years, or with fine, or with both. (2) Such punishment shall be in addition to the punishment for which the prisoner was liable for the offence of which he was already convicted. 39-C. Provisions applicable to bonds referred to in Section 39-A.-The provisions of Chapter XLII of the Code of Criminal Procedure, 1898 (V of 1898), shall, so far as may be, apply to the bonds referred to in Section 39 -A.” Section 44.- For “the Vernacular”, substitute “Hindi in Devnagari script.” Section 46.- Omit clause (12) and in the proviso omit “or to whipping’. Section 47.- In sub-section (1), omit “clause (4)”. Section 52.- (a) Omit “the District Magistrate or of’ and “or Presidency Magistrate”. (b) Omit both the provisos. Section 53.- Omit. Section 54.- Omit sub-section (2). Section 61.- For “both in English and in the Vernacular, in some place to which all persons employed within a prison have access” substitute “both in English and in Hindi in Devnagari script, in some conspicuous place and to which all persons employed within a prison have access.”

Section 3 – The Madhya Pradesh Second Extension of Laws Act 1961 | DailyLaw.ai