PRISONERS ACT, 1900

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Prisoners 
1900:  Act III 
CONTENTS 
PART I 
Preliminary 
1. Short title, extent and commencement 
2. Definitions 
PART II 
General 
3. Officers in charge of prisons to detain persons duly committed to their custody 
4. Officers in charge of prisons to return writs, etc., after execution or discharge 
PART III 
Omitted 
PART IV 
Execution of Sentences 
 14. References in this Part to prisons, etc., to be construed as referring also to 
Reformatory Schools 
 15. Power for officers in charge of prisons to give effect to sentences of certain 
Courts 
 16. Warrant of officer of such Court to be sufficient authority 
 17. Procedure where officer in charge of prison doubts the legality of warrant sent 
to him for execution under this Part 
 18. Execution in the Provinces  of certain capital sentences not ordinarily 
executable there 
PART V 
Omitted 
PART VI 
Removal of Prisoners 
 28. References in this Part to prisons, etc., to be construed as referring  also to 
Reformatory Schools 
 29. Removal of prisoners 
 30. Lunatic prisoners how to be dealt with 
 31. Repealed 
PART VII  
Persons under Sentence of Transportation 
 32. Appointment of places for confinement of persons under sentence of 
transportation and removal thereto 
PART VIII  
Discharge of Prisoners 
 33. Release, on recognizance, by order of H igh Court, of prisoner recommended 
for pardon 
(III of 1900) 
THE PRISONERS ACT, 1900 
PART IX 
Provisions for requiring the attendance 
of Prisoners and obtaining their evidence 
Attendance of Prisoners in Court 
 34. References in this Part to prisons, etc., to be construed as referring also to 
Reformatory Schools 
 35. Power for Civil Courts to require appearance of prisoner to give evidence 
 36. District Judge in certain cases to countersign orders made under section 35 
 37. Power for certain Criminal Courts to require attendance of prisoner to give 
evidence or answer to charge 
 38. Order to be transmitted through Magistrate of the district or sub -division in 
which person is confined 
 39. Procedure where removal is desired of person confined more than one 
hundred miles from place where evidence is required 
 40. Persons confined beyond limits of appellate jurisdiction of High Court 
 41. Prisoner to be brought up 
 42. Power to Government to exempt certain prisoners from operation of this Part 
 43. Officer in charge of prison when to abstain from carrying out orders 
Commissions for examination of Prisoners 
 44. Commissions for examination of prisoners 
 45. Commissions for examination of prisoners beyond limits of appellate 
jurisdiction of High Court 
 46. Commission how to be directed 
Service of Process on Prisoners 
 47. Process how served on prisoners 
 48. Process served to be transmitted at prisoner's request 
Miscellaneous 
 49. Omitted 
 50. Deposit of costs 
 51. Power to make rules under this Part 
 52. Power to declare who shall be deemed officer in charge of prison 
 53. Repealed 
THE FIRST SCHEDULE 
THE SECOND SCHEDULE 
THE THIRD SCHEDULE – [Repealed] 
 
TEXT 
1
THE PRISONERS ACT, 1900 
(III of 1900) 
[15 February 1900] 
An 
Act 
to consolidate the law relating to Prisoners confined by order of a Court. 
WHEREAS it is expedient to consolidate the law relating to prisoners confined by 
order of a Court; 
It is hereby enacted as follows:– 
PART I 
Preliminary 
1.  Short title, extent and commencement .– (1) This Act may be called the Prisoners 
Act, 1900.  
   
2
[(2) It extends to the whole of Pakistan.] 
3
[(3) *  *  *  *  *  *  *  *  *  *  *  * * * * * * *] 
2.  Definitions.– In this Act, unless there is anything repugnant in the subject or 
context,– 
(a) “Court” includes a Coroner and any officer lawfully exercising civil, criminal or 
revenue jurisdiction; and 
(b) “prison” includes any place which has been declared by the 
4
[Provincial 
Government], by general or special order, to be a subsidiary jail. 
PART II 
General 
3.  Officers  in charge of prisons to detain persons duly committed to their 
custody.– The officer in charge of a prison shall receive and detain all persons duly 
committed to his custody, under this Act or otherwise, by any Court, according to the 
                                                
1This Act was published in the Gazette of India, Part IV, dated: 15 February 1900, pp. 5 -14. For Statement of Objects and 
Reasons, see Gazette of India, 1899, Part V, p. 101; for report of the Select Committee, see ibid., 1900, p. 23; for proceedings 
in Council, see ibid., 1899, Part VI, pp. 102 and 242; ibid., 1900, p. 21. 
2Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June 
1960; and, was published in th e Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the 
Second Schedule: it came into force on 14 October 1955.  Certain words were substituted  by the Federal Laws (Revision and 
Declaration) Act, 1951 (XXVI of 1951), publi shed in the Gazette of Pakistan (Extraordinary), dated: 12 May 1951, pp. 340 -388, 
s. 4 read with the Third Schedule. It was earlier substituted  by the Adaptation of Central Acts and Ordinances Order, 1949 
(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read 
with the Schedule. 
3Repealed by the Repealing and Amending Act, 1914 (X of 1914), published in the Gazette of India, dated: 21 March 1914, pp. 
47-59, s. 3 read with Second Schedule. 
4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 
exigency of any writ, warrant, or order by which such person has been committed, or until 
such person is discharged or removed in due course of law. 
4.  Officers in charge of prisons to return writs, etc., after execution or discharge.– 
The officer in charge of a prison shall forthwith,  after the execution of every such writ, order 
or warrant as aforesaid other than a warrant of commitment for trial, or after the discharge of 
the person committed thereby, return such writ, order or warrant to the Court by which the 
same was issued or mad e, together with a certificate, endorsed thereon and signed by him, 
showing how the same has been executed, or why the person committed thereby has been 
discharged from custody before the execution thereof. 
1
[PART III 
Prisoners in the Presidency-towns. * * * * * * *] 
PART IV 
2
[Execution of Sentences] 
14.  References in this Part to prisons, etc., to be construed as referring also to 
Reformatory Schools .– In this Part all references to prisons or to imprisonment or 
confinement shall be construed as referring also to Reformatory Schools or to detention 
therein. 
15.  Power for officers in charge of prisons to give effect to sentences of certain 
Courts.– (1) Officers in charge of prisons 
3
[* * *] may give effect to any sentence or order or 
warrant for the detention of any person passed or issued– 
(a) by any Court or tribunal acting, whether within or without 
4
[the Provinces 
5
[* * * * 
* *] ], under the general or special authority of 
6
[ 
7
[the 
8
[Federal] Government], or 
of any Provincial Government, or of the Government of Burma] 
9
[or of any Court 
or tribunal which was before the twenty-third day of March, 1956, acting under 
the general or special authority of He r Majesty, or of the Crown 
Representative], or 
                                                
1Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of 
Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. 
2Substituted ibid., for the heading “PRISONERS OUTSIDE THE PRESIDENCY-TOWNS”. 
3The words “outside the Presidency-towns” were omitted ibid. 
4Substituted ibid., for the words “British India”, Article 3(2) read with Article 4. 
5The expression “and the Federal Territory of Karachi” was omitted by the Central Adaptation of Laws Order, 1964 (P. O. No. 1 
of 1964); made by the President on 27 May 1964; and, was published in the Gazette of Pakistan (Extraordinary), dated: 28 May 
1964, pp. 251c-251aap, Article 2 read with the Schedule.  The words “Federal Territory of Karachi” were earlier substituted for 
the words “Capital of the Federation” by the Repealing and Amending Ordinance, 1961 (I of 1961), published in the Gazette of 
Pakistan (Extraordinary), dated: 24 January 1961, pp. 71-101, s. 3 read with the Second Schedule.  
6Substituted for the expression  “Her Majesty, or of the Central Government , or of the Crown representative,”  by the Central 
Laws (Adaption) Order, 1961 (P. O. No. 1 of 1961); made by the Minister exercising the functions of President under Article 2 of 
the State Arrangements Order, 1959 on 21 January 1961; and, was published in the Gazette of Pakistan (Extraordinary), dated: 
24 January 1961, pp. 102-163, Article 2 read with the Schedule: it came into force on 23 March 1956.  
7Substituted for the expression “of the Governor General in Council, or of any Local Government”  by the Government of India 
(Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, 
Article 3 read with the First Schedule. 
8Substituted for the word “Central ” by the Punjab Laws (Adaptation) Order, 1974 (P b. O. No. 1 of 1974), published in the 
Punjab Gazette (Extraordinary), dated: 20 November 1974, pp. 1425 -A to 1425 -PP, Article 2 read with the  Schedule: it came 
into force on 14 August 1973. 
9Inserted by the Central Laws (Adaption) Order, 1961 (P.  O. No. 1 of 1961); made by the Minister exercising the functions of 
President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961 ; and, was published in the Gazette of 
Pakistan (Extraordinary), dated: 24 January 1961, pp. 102-163, Article 2 read with the Schedule: it came into force on 23 March 
1956.  
(b) by any Court or tribunal in 
1
[any 
2
[Acceding State] ]– 
(i) if the presiding Judge, or if the Court or tribunal consists of two or 
more Judges, at least one of the Judges, is an officer of the 
3
[Government] authorized to sit as such Judge 
4
[by the State or the 
Ruler thereof] or by 
5
[the 
6
[Federal] Government or the Crown 
Representative], and 
(ii) if the reception, detention or imprisonment 
7
[* * * *] in any province 
8
[* * *] 
of persons sentenced by any such Court, or tribunal has been 
authorized by general or special order by  
9
[* * * * * *] the 
10
[Provincial 
Government], 
11
[* * * * *], or 
(c) by any other Court or tribunal  
12
[in any 
13
[Acceding State] ], with the previous 
sanction 
14
[* * * * * * *] of the 
15
[Provincial Government] in the case of each such 
sentence, order or warrant. 
16
[Provided that effect shall not be given to any sentence or order or warrant 
for detention passed or issued by any Court or tribunal in Burma without the 
previous sanction of the Provincial Government concerned.] 
(2)  Where a Court or tribunal of such a 
17
[Ruler] or State has passed a sentence 
which cannot be executed without the concurrence of an officer of the 
1
[Government], and 
                                                
1Substituted for the expression “the territories of any Native Prince, or State in India” by the Government of India (Adaptation of 
Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with 
the First Schedule. 
2Substituted for the words “Indian State” by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), published in 
the Gazette of Pakistan (Extraordinary), dated: 12 May 1951, pp. 340-388, s. 4 read with the Third Schedule. 
3Substituted for the words “Crown” by the Central Laws (Adaption) Order, 19 61 (P.O. No. 1 of 1961); made by the Minister 
exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was 
published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Schedule: it 
came into force on 23 March 1956.  It was earlier substituted for the words “British Government” by the Government of India 
(Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), da ted: 1 April 1937, pp. 75 -344, 
Article 3 read with the First Schedule. 
4Ibid., for the words “by the Native Prince or State”. 
5Substituted for the words “the Governor -General in Council” by the Government of India (Adaptation of Indian Laws) Order, 
1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. 
6Substituted for the word “Central ”  by the Punjab Laws (Adaptation) Order, 1974 (P b. O. No. 1 of 1974), published in the 
Punjab Gazette (Extraordinary), dated: 20 November 1974, pp. 1425 -A to 1425 -PP, Article 2 read with the Schedule: it came 
into force on 14 August 1973. 
7The words “in British India or” were omitted  by the Government of India (Adaptation of Indian Laws) Order, 1937, published in 
the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. 
8The words “of British India” were omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 
1949), pub lished in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223 -283, Article 3 read with the 
Schedule. 
9The words “the Governor-General in Council or” were omitted by the Government of India (Adaptation of Indian Laws) Order, 
1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. 
10Substituted ibid., for the words “Local Government”, Article 4 read with the Table of General Adaptations. 
11The words “as the case may be” were omitted ibid., Article 3 read with the First Schedule. 
12Substituted ibid., for the words “in the territories of any Native Prince or State in India”.  
13Substituted for the words “Indian State” by the Federal Laws (Revision and Declaration) Act , 1951 (XXVI of 1951), published 
in the Gazette of Pakistan (Extraordinary), dated: 12 May 1951, pp. 340-388, s. 4 read with the Third Schedule. 
14The words “of the Governor General in Council or” were omitted by the Government of India (Adaptation of India n Laws) 
Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the First 
Schedule. 
15Substituted ibid., for the words “Local Government”, Article 4 read with the Table of General Adaptations. 
16Inserted ibid., Article 3 read with the First Schedule. 
17Substituted ibid., for the words “Native Prince”. 
such sentence has been considered on the merits and c onfirmed by any such officer 
specially authorised in that behalf, such sentence, and any order or warrant issued in 
pursuance thereof, shall be deemed to be the sentence, order or warrant of a Court or 
tribunal acting under the authority of 
2
[the 
3
[Federal] Government or the Crown 
Representative]. 
16.  Warrant of officer of such Court to be sufficient authority .– A warrant under the 
official signature of an officer of such Court or tribunal as is referred to in section 15 shall be 
sufficient authority for ho lding any person in confinement, or for sending any person for 
transportation, in pursuance of the sentence passed upon him. 
17.  Procedure where officer in charge of prison doubts the legality of warrant sent 
to him for execution under this Part .– (1) Where an officer in charge of a prison doubts 
the legality of a warrant or order sent to him for execution under this Part, or the competency 
of the person whose official seal or signature is affixed thereto to pass the sentence and 
issue the warrant or order,  he shall refer the matter to the 
4
[Provincial Government], by 
whose order on the case he and all other public officers shall be guided as to the future 
disposal of the prisoner. 
(2)  Pending a reference made under sub -section (1), the prisoner shall be 
detained in such manner and with such restrictions or mitigations as may be specified in the 
warrant or order. 
18.  Execution in 
5
[the Provinces ] of certain capital sentences not ordinarily 
executable there .– (1) Where a 
6
[Court established by the authority of the 
7
[Federal] 
Government] exercising, in or with respect to territory beyond the limits of 
8
[the Provinces 
9
[* * * 
* * *]], jurisdiction which 
10
[the 
11
[Government] ] has in such territory,– 
                                                                                                                                                  
1Substituted for the word “Crown”  by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister 
exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was 
published in the Gazette of Pakistan (Extraordinary ), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Schedule: it 
came into force on 23 March 1956.  It was earlier substituted for the words “British Government” by the Government of India 
(Adaptation of Indian Laws) Order, 1937, published in th e Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, 
Article 3 read with the First Schedule. 
2Substituted for the words “the Governor -General in Council” by the Government of India (Adaptation of Indian Laws) Order, 
1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. 
3Substituted f or the word “Central ” by the Punjab Laws (Adaptation) Order, 1974 (P b. O. No. 1 of 1974), published in the 
Punjab Gazette (Extraordinary), dated: 20 November 1974, pp. 1425 -A to 1425 -PP, Article 2 read with the Schedule: it came 
into force on 14 August 1973. 
4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 
5Substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), 
published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3(2) read with Article 4. 
6Ibid., for the words “British Court”, Article 3 read with the Schedule. 
7Substituted for the w ord “Central ” by the Punjab Laws (Adaptation) O rder, 1974 (P b. O. No. 1 of 1974), published in the 
Punjab Gazette (Extraordinary), dated: 20 November 1974, pp. 1425 -A to 1425 -PP, Article 2 read with the Schedule: it came 
into force on 14 August 1973. 
8Substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), 
published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3(2) read with Article 4. 
9The expression “and the Federal Territory of Karachi” was omitted by the Central Adaptation of Laws Order, 1964 (P. O. No. 1 
of 1964); made by the President on 27 May 1964; and, was published in the Gazette of Pakistan (Extraordinary), dated: 28 May 
1964, pp. 251c-251aap, Article 2 read with the Schedule.   The words “Federal Territory of Karachi” were earlier substituted for 
the words “Capital of the Federation” by the Repealing and Amending Ordinance, 1961 (I of 1961), published in the Gazette of 
Pakistan (Extraordinary), dated: 24 January 1961, pp. 71-101, s. 3 read with the Second Schedule. 
10Substituted for the words “the Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 
1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. 
11Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister 
exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 Januar y 1961; and, was 
(a)  has sentenced any person to death, and,  
(b) being of opinion that such sentence should, by reason of there being in such 
territory no secure place for the confinement of such person or no suitable 
appliances for his execution in a decent and humane manner, be executed in 
1
[the Provinces 
2
[* * *] ], has issued its warrant for the execution of such sentence 
to the officer in charge of a prison in 
3
[the Provinces 
4
[* * *] ],  
such officer shall, on receipt of the warrant, cause the execution to be carried out at 
such place as may be prescribed therein in the same manner and subject to the same 
conditions in all respects as if it were a warrant duly issued under the provisions of se ction 
381 of the Code of Criminal Procedure, 1898
5
. 
(2)  The prisons of which the officers in  charge are to execute sentences under 
any such warrants as aforesaid 
6
[shall in each Province be such as the Provincial 
Government] may, by general or special order, direct. 
(3)  A Court shall be 
7
[deemed, for the purposes of this section, to be a Court 
established by the 
8
[Federal] Government ] if the presiding Judge, or if  the  Court  consists  of  
two  or more Judges, at least one of the Judges, is  an  officer  of   the 
9
[Government]  authorized   
to  act   as  such  Judge  
10
[by any 
11
[Acceding State] ] or the Ruler thereof or the 
1
[Federal] Government 
2
[* * * *] ]: 
                                                                                                                                                  
published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Schedule: it 
came into force on 23 March 1956. 
1Substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), 
published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp.223-283, Article 3(2) read with Article 4. 
2The words “and the Federal Territory of Karachi” were omitted by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), 
published in the Gazette of Pakistan (Extraordina ry), dated: 28 May 1964, pp. 251c to 251 aap, Article 2 and Schedule. The 
words “Federal Territory of Karachi” were earlier substituted for the words “Capital of th e Federation” by the Repealing and 
Amending Ordinance, 1961 (I of 1961), published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 71 -
101, s. 3 read with the Second Schedule. 
3Substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), 
published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3(2) read with Article 4. 
4The words and brackets “and the Federal Territory of Karachi”  were omitted by the Central Adaptation of Laws Order, 1964 
(P.O. 1 of 1964), published in the Gazette of Pakistan (Extraordinary), dated 28 May 1964, pp.251 c to 251 aap, Article 2 rea d 
with the Schedule. The words in crotchets were substituted for the wo rds “Capital of the Federation” by the Repealing and 
Amending Ordinance, 1961 (I of 1961), published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 71 -
101, s. 3 read with the Second Schedule. 
5V of 1898. 
6Substituted for the words  “shall be such as the Governor -General in Council or a Local Government authori sed by the 
Governor General in Council in this behalf” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in 
the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. 
7Substituted for the words “deemed to be a British Court for the purposes of this section”  by the Adaptation of Central Acts and 
Ordinances Order, 1949 (G.G.O. No. 4 of 1949), publishe d in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, 
pp. 223-283, Article 3 read with the Schedule. 
8Substituted for the word “Central ” by the Punjab Laws  (Adaptation) Order, 1974 (P b. O. No. 1 of 1974), published in the 
Punjab Gazette (Extraordinary), dated: 20 November 1974, pp. 1425-A to 1425-PP, Article 2 read with the Schedule. 
9Substituted for the word “Crown” by the Central  Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); 
made by the Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 
January 1961; and, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 
read with the Schedule: it came into force on 23 March 1956.  It was earlier substituted for the words “British Government” by the 
Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 Apri l 
1937, pp. 75-344, Article 3 read with the First Schedule. 
10Substituted for the words “by any Native Prince or State in India or by the Governor-General in Council”  by the Government of 
India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, 
Article 3 read with the First Schedule. 
11Substituted for the words “Indian State” by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), published 
in the Gazette of Pakistan (Extraordinary), dated: 12 May 1951, pp. 340-388, s. 4 read with the Third Schedule. 
  Provided that every warrant issued under this sub -section by any such tribunal shall, 
if the tribunal consists of more than one Judge, be signed by a Judge who is an officer of the 
3
[Government] authorized as aforesaid. 
4
[PART V 
Persons under Sentence of Penal Servitude] 
PART VI 
Removal of Prisoners 
28.  References in this Part to prisons, etc., to be construed as referring also to 
Reformatory Schools .– In this Part, all references to prisons or to imprisonment or 
confinement shall be construed as referring  also to Reformatory Schools or to detention 
therein. 
  
5
[29. Removal  of prisoners .– (1) The 
6
[Provincial Government]  may, by  general or 
special order, provide for the removal of any prisoner confined in a prison– 
(a) under sentence of death, or 
(b) under, or in lieu of, a sentence of imprisonment or transportation, or 
(c) in default of payment of a fine, 
7
[*] 
(d) in default of giving security for keeping the peace or for maintaining good 
behaviour, 
8
[(e) unconvicted criminal prisoners], 
to any other prison in 
9
[the Province, or with the consent of the Provincial Government 
concerned, to any prison in 
10
[the other Province] ], 
1
[or, with the consent of the 
2
[Federal 
Government], to any prison maintained 
3
[by it or under its authority] in any part of 
4
[Pakistan].  
                                                                                                                                                  
1Substituted for the word “Central ” by the Punjab Laws (Adaptation) Order, 1974 (P b. O. No. 1 of 1974), published in the 
Punjab Gazette (Extraordinary), dated: 20 November 1974, pp. 1425 -A to 1425 -PP, Article 2 read with the Schedule: it came 
into force on 14 August 1973. 
2The words “or the Crown Representative” were omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 
No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the 
Schedule.  
3Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister 
exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 Jan uary 1961; and, was 
published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Schedule: it 
came into force on 23 March 1956.  It was earlier substituted for the words “British Government” by the Gover nment of India 
(Adaptation of Indian Laws) Order, 1937 , published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, 
Article 3 read with the First Schedule. 
4Omitted by the Criminal Law (Extinction of Discriminatory Privileges Act, 1 949) (II of 1950), published in the Gazette of 
Pakistan (Extraordinary), dated: 13 January 1950, s. 2 read with the Schedule. 
5Substituted by the Repealing and Amending Act, 1903 (I of 1903), published in the Government Gazette, Punjab  and its 
Dependencies, dated: 19 March 1903, pp. 1-111, s. 3 read with the Second Schedule. 
6Substituted for the words “Governor General in Council” by  the Government of India (Adaptation of Indian Laws) Order, 1937, 
published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. 
7The word “or” was deleted by Notification No: Prs. I(M)1572, dated: 6 July 1977. 
8Added ibid. 
9Substituted for the words “British India or to any prison in Berar” by  the Government of India (Adaptation of Indian Laws) Order, 
1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the First Schedule . 
The words “or to any prison in Berar” were earlier added by the Prisoners (Amendment) Act, 1923 (XVII of 1923),  published in 
the Gazette of India, dated: 16 March 1923, s. 2. 
10Substituted for the words “any other Province” by the Central Adaptation of Laws Order, 1964 (P. O. No. 1 of 1964); made by 
the President on 27  May 1964; and, was published in the Gazette of Pakistan (Extraordinary), dated: 28 May 1964, pp. 251c -
251aap, Article 2 read with the Schedule. 
5
[(2) Subject to the orders, and under the control of the Provincial Government, the 
Director of Prisons may, in the like manner provide for the removal of any prisoner confined 
as aforesaid in a prison situate in the area for which h e is appointed to any other prison in 
such area.] ] 
6
[(3) The 
7
[Federal Government] may, by general or special order, provide for the 
removal of any prisoner or class of prisoners confined in any prison to any other prison in 
Pakistan maintained by or under the authority of the 
8
[Federal Government] or of a Provincial 
Government with the consent, 
9
[* * * * * * * * * * * * * * * ], of the Provincial Government 
concerned.] ]  
30.  Lunatic prisoners how to be dealt with .– (1) Where it appears to the 
10
[Provincial 
Government] that any person detained or imprisoned under any order or sentence of any 
Court is of unsound mind, the 
11
[Provincial Government] may, by a warrant setting forth the 
grounds of belief that the person is of unsound mind, order his removal to a lunatic asylum or 
other place of safe custody within the Province, there to be kept and treated as the 
12
[Provincial Government] directs during the remainder of the term for which he has been 
ordered or sentenced to be detained or imprisoned, or, if on the expiration of that term it is 
certified by a medical officer that it is necessary for the safety of the prisoner or others that 
he should be further detained under medical care or treatment, then until he is discharged 
according to law. 
(2)  Where it appears to the 
13
[Provincial Government] that the prisoner has become 
of sound mind, the 
14
[Provincial Government] shall, by a warrant directed to the person having 
charge of the prisoner, if still liable to be kept in custody, remand him to the prison from which he 
                                                                                                                                                  
1Added by the Prisoners (Amendment) Ordinance, 1942 (XV of 1942) , published in the Gazette of India (Extraordin ary), dated: 
21 April 1942, s. 2. 
2Substituted for the words “Central Government ” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), 
published in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the Table of 
General Adaptations. They were earlier substituted for the words “Crown Representative” by the Adaptation of Central Acts and 
Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 M arch 1949, 
pp. 223-283, Article 3 read with the Schedule. 
3Substituted for the words “by him or under his authority” by the Adaptation of Central Acts and Ordinances Order, 1949 
(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read 
with the Schedule. 
4Substituted for the word “India” by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), published in the 
Gazette of Pakistan (Extraordinary), dated: 12 May 1951, pp. 340-388, s. 4 read with the Third Schedule. 
5Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West 
Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195-2200, s. 3 read with the Schedule II. 
6Added by the Prisoners (Amendment) Act, 1953 ( XVII of 1953), published in the Gazette of Pakistan (Extraordinary), dated: 1 
May 1953, p. 91, s. 2. 
7Substituted for the words “Central Government” by  the Federal  Adaptation of  Laws Order, 1975  
(P.O. No. 4 of 1975), published in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read 
with the Table of General Adaptations. 
8Substituted fo r the words “Central Government”  by  the Federal  Adaptation of  Laws Order, 1975  (P.O. No. 4 of 1975), 
published in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the Table of 
General Adaptations. 
9The expression “where such other prison is situated in a Province not being a Chief Commissioner’s Province” was omitted by 
the Central Adaptation of Laws Order, 1964 (P. O. No. 1 of 1964); made by the President on 27 May 1964; and, was published 
in the Gazette of Pakistan (Extraordinary), dated: 28 May 1964, pp. 251c-251aap, Article 2 read with the Schedule. 
10Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 
11Ibid. 
12Ibid. 
13Ibid. 
14Ibid. 
was removed, or to another prison within the Province, or, if the prisoner is no longer liable to be 
kept in custody, order him to be discharged. 
(3)  The provisions of section 9 of the Lunatic Asylums Act, 1858
1
, shall apply to 
every person co nfined in a lunatic asylum under sub -section (1) after the expiration of the 
term for which he was ordered or sentenced to be detained or imprisoned; and the time 
during which a prisoner is confined in a lunatic asylum under that sub -section shall be 
reckoned as part of the term of detention or imprisonment which he may have been ordered 
or sentenced by the Court to undergo. 
2
[(4) In any case in which the 
3
[Provincial Government] is competent under sub -
section (1) to order the removal of a prisoner to a lun atic asylum or other place of safe 
custody within the Province, the 
4
[Provincial Government] may order his removal to any such 
asylum or place within 
5
[the other Province] or within 
6
[any 
7
[Acceding State] ] by agreement 
with the 
8
[Provincial Government] of such other Province or with 
9
[such State or the Ruler 
thereof], as the case may be; and the provisions of this section respecting the custody, 
detention, remand and discharge of a prisoner removed under sub -section (1) shall, so far 
as they can be made applicable, apply to a prisoner removed under this sub-section.] 
10
[31.  Removal of prisoners from territories under one Local Government to 
territories under another.– * * * * * * * * * * * *] 
PART VII 
Persons under Sentence of Transportation 
32.  Appointment   of   places   for   confinement   of  persons  under  sentence  of  
transportation and removal thereto.– 
11
[(1)] The 
12
[Provincial Government] may appoint 
places within 
13
[the Province] to which persons unde r sentence of transportation shall be 
                                                
1XXXVI of 1858. 
2Substituted by the Devolution Act, 1920 (XXXVIII of 1920), published in the Government Gazette, Punj ab and its 
Dependencies, dated: 24 September 1920, pp. 127-153, s. 2 read with the First Schedule. 
3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 
4Ibid. 
5Substituted for the words “any other Province” by the Central Adaptation of Laws Order, 1964 (P. O. No. 1 of 1964); made by 
the President on 27 May 1964; and, was published in the Gazette of Pakistan (Extraordinary), dated: 28 May 1964, pp. 251c-
251aap, Article 2 read with the Schedule. 
6Substituted for the words “the territories of any Native Prince or State in India” by the Government of India (Adaptation of Indian 
Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated:  1 April 1937, pp. 75 -344, Article 3 read with the 
First Schedule. 
7Substituted for the words “Indian State” by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), published in 
the Gazette of Pakistan (Extraordinary), dated: 12 May 1951, pp. 340-388, s. 4 read with the Third Schedule. 
8Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 
9Substituted ibid., for “such Native Prince or State”, Article 3 read with the First Schedule. . 
10Repealed by the Repealing and Amending Act, 1903 (I of 1903), published in the Government Gazette, Punjab and its 
Dependencies, Part IV, dated: 19 March 1903, pp. 73-111, s. 4 read with the Schedule III. 
11Renumbered by the Devolution Act, 1920 (XXXVIII of 1920), published in the Government Gazette, Punj ab and its 
Dependencies, dated: 24 September 1920, pp. 127-153, s. 2 read with the First Schedule. 
12Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 4 read with the T able of General Adaptations. 
They were earlier substituted for the words “Governor General in Council” by the Devolution Act, 1920 (XXXVIII of 1920), 
published in the Government Gazette, Punjab and its Dependencies, dated: 24 September 1920, pp. 127 -153, s. 2 read with 
the First Schedule. 
13Substituted for the words “British India” by the Devolution Act, 1920 (XXXVIII of 1920), published in the Government Gazette, 
Punjab and its Dependencies, dated: 24 September 1920, pp. 127-153, s. 2 read with the First Schedule. 
sent; and the 
1
[Provincial Government], or some officer duly authori zed in this behalf by the 
2
[Provincial Government], shall give orders for the removal of such persons to the places so 
appointed, except when sentence  of transportation is passed on a person already 
undergoing transportation under a sentence previously passed for another offence. 
3
[(2) In any case in which the 
4
[Provincial Government] is competent under sub -
section (1) to appoint places within the Provinces and to order the removal thereto of persons 
under sentence of transportation, the 
5
[Provincial Government] may appoint such places in 
6
[the 
other Province] by agreement with the 
7
[Provincial Government] of that Province and may by like 
agreement give orders or duly authorize some officer to give orders for the removal thereto of 
such persons.] 
PART VIII 
Discharge of Prisoners 
33.  Release, on recognizance, by order of High Court, of prisoner recommended 
for pardon .– 
8
[A High Court] may, in any case in which it has recommended to 
9
[the 
President] the granting of a free pardon to any prisoner, permit him to be at liberty on his 
own recognizance. 
PART IX 
Provisions for requiring the attendance 
of Prisoners and obtaining their evidence 
Attendance of Prisoners in Court 
34.  References in this Part to prisons, etc. , to be construed as referring also to 
Reformatory Schools .– In this Part, all references to prisons or to imprisonment or 
confinement shall be construed as referring also to Reformatory Schools or to detention 
therein. 
35.  Power for Civil Courts to require appearance of prisoner to give evidence .– 
Subject to the p rovisions of section 39, any Civil Court may, if it thinks that the evidence of 
any person confined in any prison within the local limits of its appellate jurisdiction, if it is a 
                                                
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 
2Ibid. 
3Added by the Devolution Act, 1920 (XXXVIII of 1920), published in the Government Gazette, Punj ab and its Dependencies , 
dated: 24 September 1920, pp. 127-153, s. 2 read with the First Schedule. 
4Substituted for the words “Local Government” by th e Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 
5Ibid. 
6Substituted for the words “any other Province” by the Central Adaptation of Laws Order, 1964 (P. O. No. 1 of 1964); made by 
the President on 27 May 1964; and, was published in the Gazette of Pakistan (Extraordinary), dated: 28 May 1964, pp. 251c -
251aap, Article 2 read with the Schedule. 
7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 
8Substituted for the expression “Any Court which is a High Court for the purposes of the Government of India Act, 1935” by the 
Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was 
published in the Gazette of Pak istan (Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it 
came into force on 14 October 1955.  The said expression was earlier substituted for the expression  “Any court established 
under the Indian High Courts Act, 1861”  by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the 
Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. 
9Substituted for the words “Her Majesty”  by the  Central Laws (Adaption) Order,  1961 (P.O. No. 1  
of 1961); made by the Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on  
21 January 1961; and, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102-163, Article 2 
read with the Schedule: it came into force on 23 March 1956.  
High Court, or, if it is not a High Court, then within the local limits of t he appellate jurisdiction 
of the High Court to which it is subordinate, is material in any matter pending before it, make 
an order in the form set forth in the first schedule, directed to the officer in  charge of the 
prison. 
36.  District Judge in certain c ases to countersign orders made under section 35 .– 
(1) Where an order under section 35 is made in any civil matter pending– 
(a) in a Court subordinate to the District Judge, or 
(b) in a Court of Small Causes 
1
[* * *], 
it shall not be forwarded to the offic er to whom it is directed, or acted upon by him, 
until it has been submitted to, and countersigned by,– 
(i) the District Judge to which the Court is subordinate, or 
(ii) the District Judge within the local limits of whose jurisdiction the Court of 
Small Causes is situate. 
(2)  Every order submitted to the District Judge under sub -section (1) shall be 
accompanied by a statement, under the hand of the Judge of the subordinate Co urt or Court 
of Small Causes, as the case may be, of the facts which in his opinion render the order 
necessary, and the District Judge may, after considering such statement, decline to 
countersign the order. 
37.  Power   for   certain   Criminal   Courts  to   require  attendance  of prisoner to 
give evidence or answer to charge .– Subject to the provisions of section 39, any Criminal 
Court may, if it thinks that the evidence of any person confined in any prison within the local 
limits of its appellate jurisdiction, if it is a High Court, or, if it is not a High Court, then within the 
local limits of the appellate jurisdiction of the High Court to which it is subordinate, is material in 
any matter pending before it, or if a charge of an offence against such  person is made or 
pending, make an order in the form set forth in the first or second schedule, as the case may 
be, directed to the officer in charge of the prison: 
  Provided that if such Criminal Court is inferior to the Court of a Magistrate of the firs t 
class, the order shall be submitted to, and countersigned by, the 
2
[Sessions Judge] to whose 
Court such Criminal Court is subordinate or within the local limits of whose jurisdiction such 
Criminal Court is situated. 
38.  Order to be transmitted through Ma gistrate of the district or sub -division in 
which person is confined .– Where any person, for whose attendance an order as in this 
Part provided is made, is confined in any district other than that in which the Court making or 
countersigning the order is si tuate, the order shall be sent by the Court by which it is made 
or countersigned to the 
3
[Sessions Judge or] Magistrate within the local limits of whose 
jurisdiction the person is confined, and that 
4
[Court] shall cause it to be delivered to the officer 
in charge of the prison in which the person is confined. 
                                                
1The words “outside a Presidency-town” were omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 
No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the 
Schedule. 
2Substituted for the words “District Magistrate” by the Prisoners (Punjab Amendment) Ordinance, 2001 (XXXIX of 2001), 
published in the Punjab Gazette (Extraordinary), dated: 14 November 2001, pp. 1797-1798, s. 2: the said Ordinance was saved 
under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth 
Amendment) Act, 2010 (X of 2010), published in  the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267 -316, s. 
96. 
3Ibid., for the words “District or Subdivisional”, s. 3. 
4Ibid., for the word “Magistrate”. 
39.  Procedure where removal is desired of person confined 
1
[* * *] more than one 
hundred miles from place where evidence is required .– (1) Where a person is confined 
2
[* * *  * * * * ] in a prison more than one hundred miles distant from the place where any 
Court, subordinate to a High Court, in which his evidence is required, is held, the Judge or 
presiding officer of the Court in which the evidence is so required shall, if he thinks that such 
person should be removed under this Part for the purpose of giving evidence in such Court, 
and if the prison is within the local limits of the appellate jurisdiction of the High Court to 
which such Court is subordinate, apply in writing to the High Court, and the H igh Court may, 
if it thinks fit, make an order in the form set forth in the first schedule, directed to the officer in 
charge of the prison. 
(2)  The High Court making an order under sub -section (1) shall send it to the 
3
[Sessions Judge or] Magistrate within the local limits of whose jurisdiction the person named 
therein is confined, 
4
[* * * * * * * * * * * * * * * * * * * ], and such 
5
[Court] 
6
[* *] shall cause it to be 
delivered to the officer in charge of the prison in which the person is confined. 
40.  Persons confined beyond limits of appellate jurisdiction of High Court .– Where 
a person is confined in a prison beyond the local limits of the appellate jurisdiction of a High 
Court, any Judge of such Court may, if he thinks that such person should be removed  under 
this Part for the purpose of answering a charge of an offence or of giving evidence in any 
criminal matter in such Court or in any Court subordinate thereto , apply in writing to the 
7
[Provincial Government] of the territories within which the prison  is situate, and the 
8
[Provincial Government] may, 
9
[* * * *], direct that the person be so removed, subject to such 
rules regulating the escort of prisoners as the 
10
[Provincial Government] may prescribe. 
41.  Prisoner to be brought up.– Upon delivery of any order under this Part to the officer 
in charge of the prison in which the person named therein is confined, that officer shall cause 
him to be taken to the Court in whi ch his attendance is required , so as to be present in the 
Court at the time in such order mentioned, and shall cause him to be detained in custody in 
                                                
1The words “in Presidency -town” deemed to be omitted  by virtue of omission of text by the Adaptation of Central Acts and 
Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, 
pp. 223-283, Article 3 read with the Schedule. 
2The expression “ in a prison within a Presidency -town, or” were omitted by the Adaptation of Central Acts and Ordinances 
Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223 -283, 
Article 3 read with the Schedule. 
3Substituted for the words “District or Subdivisional” by the Prisoners (Punjab Amendment) Ordinance, 2001 (XXXIX of 2001), 
published in the Punjab Gazette (Extraordinary), dated: 14 November 2001, pp. 1797-1798, s. 4: the said Ordinance was saved 
under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth 
Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267 -316, s. 
96. 
4The expression “or, in the case of a person confined in a prison within a Presidency-town, to the Commissioner of Police” were 
omitted by  the Adaptation of  Central Acts and Ordinances Order, 1949 (G.G.O.  No. 4 of 1949), published in the Gazette of 
Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. 
5Substituted for the word “Magistrate” by the Prisoners (Punjab Amendment) Ordinance, 2001 (XXXIX of 2001), published in the 
Punjab Gazette (Extraordinary), dated: 14 November 2001, pp. 1797-1798, s. 4: the said Ordinance was saved under Article 270AA 
of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X 
of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 
6The words “or Commissioner” were omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 
1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223 -283, Article 3 read with the 
Schedule. 
7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 
8Ibid. 
9The words “if it thinks fit” were deleted by the Prisoners (Punjab Amendment) Ordinance, 1984 (XXVIII of 1984), published in 
the Punjab Gazette (Extraordinary), dated: 17 December 1984, pp. 2043-2044, s. 2. 
10Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, 
published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. 
or near the Court until he has been examined or until the Judge or presiding officer of the 
Court authorizes him to be taken back to the prison in which he was confined. 
42.  Power to Government to exempt certain prisoners from operation of this Part .– 
1
[* * * * * * ] the 
2
[Provincial Government] may, by notification in 
3
[* * *  * * ] the 
4
[Official 
Gazette], 
5
[* * * * * *] direct that any person or any class of persons shall no t be removed 
from the prison in which he or they may be confined; and thereupon, and so long as such 
notification remains in force, the provisions of this Part, other than those contained in 
sections 44 to 46, shall not apply to such person or class of persons. 
43.  Officer in charge of prison when to abstain from carrying out order s.– In any of 
the following cases, that is to say,– 
(a) where the person named in any order made under section 35, section 37 or 
section 39 appears to be, from sickness or other infirmity, unfit to be removed, 
the officer in  charge of the prison in which he is confined, shall apply to the 
6
[Sessions Judge or] Magistrate within the local limits of whose jurisdiction the 
prison is situate, and if such 
7
[Court], by writing under his hand, declares 
himself to be of opinion that the person named in the order is, from sickness 
or other infirmity, unfit to be removed; or 
(b) where the person named in any such order is under committal for trial; or 
(c) where the person named in any such order is under a remand pending trial or 
pending a preliminary investigation; or 
(d) where the  person named in any such order is in custody for a period which 
would expire before the expiration of the time required for removing him under 
this Part and for taking him back to the prison in which he is confined; 
the officer in charge of the prison shall abstain from carrying out the order, and shall 
send to the Court from which the order has been issued , a statement of the reason  for so 
abstaining: 
  Provided that such officer as aforesaid shall not so abstain where– 
(i) the order has been made under section 37; and  
(ii) the person named in the order is confined under committal for trial, or under a 
remand pending trial or pending a prelim inary investigation, and does not 
appear to be, from sickness or other infirmity, unfit to be removed; and 
                                                
1The words “The Governor General in Council or” were omitted by the Devolution Act, 1920 (XXXVIII of 1920), published in the 
Government Gazette, Punjab and its Dependencies, dated: 24 September 1920, pp. 127-153, s. 2 read with the First Schedule. 
2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 
3The words “the Gazette of India or” were omitted  by the Devolution Act, 1920 (XXXVIII of 1920), published in the Government 
Gazette, Punjab and its Dependencies, dated: 24 September 1920, pp. 127-153, s. 2 read with the First Schedule. 
4Substituted for th e words “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, 
published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 4 read with the Table of General 
Adaptations. 
5The expression  “as the case may be ,” was omitted  by the Devolution Act, 1920 (XXXVIII of 1920), published in the 
Government Gazette, Punjab and its Dependencies, dated: 24 September 1920, pp. 127-153, s. 2 read with the First Schedule. 
6Substituted for the words “District  or Sub divisional” by the Prisoners (Punjab Amendment) Ordinance, 2001 (XXXIX of 2001), 
published in the Punjab Gazette (Extraordinary), dated: 14 November 2001, pp. 1797-1798, s. 5: the said Ordinance was saved 
under Article 270AA of the Constitution of t he Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth 
Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267 -316, s. 
96. 
7Ibid., for the word “Magistrate”. 
(iii) the place, where the evidence of the person named in the order is required, is 
not more than five miles distant from the prison in which he is confined. 
Commissions for examination of prisoners 
44.  Commissions for examination of prisoners.– In any of the following cases, that is 
to say,– 
(a) where it appears to any Civil Court that the evidence of a person confined in 
any prison within the local limits of the appellate jurisdiction of such Court, if it 
is a High Court, or if it is not a High Court, then within the local limits of the 
appellate jurisdiction of the High Court to which it is subordinate, who, for any 
of the causes mentioned in sectio n 42 or section 43, cannot be removed, is 
material in any matter pending before it; or 
(b) where it appears to any such Court as aforesaid that the evidence of a person 
confined in any prison so situate and more than ten miles distant from the 
place at which such Court is held, is material in any such matter; or 
(c) where the District Judge declines, under section 36, to countersign an order 
for removal;  
the Court may, if it thinks fit, issue a commission, under the provisions of the Code of 
Civil Procedure
1
, for the examination of the person in the prison in which he is confined. 
45.  Commissions for examination of prisoners beyond limits of appellate 
jurisdiction of High Court.– Where it appears to a High Court that the evidence of a person 
confined in a prison beyond the local limits of its appellate jurisdiction is material in any civil 
matter pending before it or before any Court subordinate to it, the High Court may, if it thinks 
fit, issue a commission , under the provisions of the Code of Civil  Procedure
2
, for the 
examination of the person in the prison in which he is confined. 
46.  Commission how to be directed.– Every commission for the examination of a person 
issued under section 44 or section 45 shall be directed to the District Judge within the local limits 
of whose jurisdiction the prison in which the person is confined is situated, and the District Judge 
shall commit the execution of the commission to the officer in charge of the prison, or to such 
other person as he may think fit. 
Service of Process on Prisoners 
47.  Process how served on prisoners .– When any process directed to any person 
confined in any pri son is issued from any Criminal or Revenue Court, it may be served by 
exhibiting to the officer in charge of the prison the original of the process and depositing with 
him a copy thereof. 
48.  Process served to be transmitted at prisoner’s request .– (1) Eve ry officer in  
charge of a prison upon whom service is made under section 47 shall, as soon as may be, 
cause the copy of the process deposited with him to be shown and explained to the person 
to whom it is directed, and shall thereupon endorse upon the proc ess and sign a certificate 
to the effect that such person as aforesaid is confined in the prison under his charge and has 
been shown and had explained to him a copy of the process. 
(2)  Such certificate as aforesaid shall be prima facie evidence of the serv ice of 
the process, and, if the person to whom the process is directed , requests that the copy 
                                                
1XIV of 1882. Subsequently replaced by the Code of Civil Procedure 1908 (V of 1908). 
2XIV of 1882. Subsequently replaced by the Code of Civil Procedure 1908 (V of 1908). 
shown and explained to him be sent to any other person and provides the cost of sending it 
by post, the officer in charge of the prison shall cause it to be so sent. 
Miscellaneous 
1
[49. Application of Part in certain cases.– * * * * * * * * *] 
50.  Deposit of costs.– No order in any civil matter shall be made by a Court under any 
of the provisions of this Part until the amount of the costs and charges of the execution of 
such order (to be determined by the Court) is deposited in such Court: 
Provided that, if upon any  application for such order it appears to the Court to which 
the application is made, that the applicant has not sufficient means to meet the said costs 
and charges, the Court may pay the same out of any fund applicable to the contingent 
expenses of such C ourt, and every sum so expended may be recovered by the 
2
[Provincial 
Government] from any person ordered by the Court to pay the same, as if it were costs in a 
suit recoverable under the Code of Civil Procedure
3
. 
51.  Power to make rules under this Part.– (1) The 
4
[Provincial Government], 
5
[* * * * * * 
* * * *  * * *], may make rules– 
(a) for regulating the escort of prisoners to and from Courts in which their 
attendance is required and for their custody during the period of such 
attendance; 
(b) for regulating the amount to be allowed for the costs and charges of such 
escort; and 
(c) for the guidance of officers in all other matters connected with the 
enforcement of this Part. 
(2)  All rules made under sub -section (1) shall be published in the 
6
[official 
Gazette] 
7
[* * *] , and shall, from the date of such publication, have the same force as if 
enacted by this Act. 
52.  Power to declare who shall be deemed officer in  charge of prison .– The 
8
[Provincial Government] may declare what officer shall, for the purposes of this Part, be 
deemed to be the officer in charge of a prison. 
  
9
[53. Repeals.– * * * * * * * * * * * * * * * *] 
                                                
1Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan 
(Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. 
2Substituted for the word “Government”  by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the 
Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. 
3Now the Code of Civil Procedure, 1908 (V of 1908). 
4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Orde r, 1937, published 
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 
5The expression “and in cases arising under section 40, the Governor G eneral in Council” was omitted ibid., Article 3 read with 
the First Schedule. 
6Substituted ibid., for the words “local official Gazette”, Article 4 read with the Table of General Adaptations. 
7The expression “or the Gazette of India, as the case may be” was omitted by the Government of India (Adaptation of Indian 
Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the 
First Schedule.  
8Substituted ibid., for the words “Local Government”, Article 4 read with the Table of General Adaptations. 
9Repealed by the Repealing and Amending Act, 1914 (X of 1914), published in the Gazette of India, dated: 21 March 1914, pp. 
47-59, s. 3 read with Second Schedule. 
THE FIRST SCHEDULE 
(See sections 35 and 37.) 
 Court of ________________________. 
 To the officer in charge of the __________ (state name of prison). 
 You are hereby required to produce _________, now a prisoner in _________, under 
safe and sure conduct before the Court of ________ at _______ on the ________ day of 
__________ next by _________ of the clock in the forenoon of the same day, there  to give 
evidence in a matter now pending before the said Court, and after the said _______ has 
then and there given his evidence before the said Court or the said Court has dispensed with 
his further attendance, cause him to be conveyed under safe and sur e conduct back to the 
prison. 
 
The  _________________  day of ___________________. 
A.B. 
(Countersigned) C.D. 
 
THE SECOND SCHEDULE 
(See section 37.) 
 Court of _________________________. 
 To the officer in charge of the __________ (state name of prison). 
 You are hereby required to produce _________, now a prisoner in _________, under 
safe and sure conduct before the Court of ________ at _______ on the ________ day of 
__________ next by _________ of the clock in the forenoon of the same day, there to 
answer a charge now pending befor e the said Court, and after such charge has been 
disposed of or the said Court has dispensed with his further attendance, cause him to be 
conveyed under safe and sure conduct back to the said prison. 
 
The  _________________  day of ___________________. 
A.B. 
(Countersigned) C.D. 
 
 
1
[THE THIRD SCHEDULE] 
 
                                                
1Repealed by the Repealing and Amending Act, 1914 (X of 1914), published in the Gazette of India, dated: 21 March 1914, pp. 
47-59, s. 3 read with Second Schedule.