PRISONERS OUTSIDE THE PRESIDENCY-TOWNSCentral

Section 17 of The Prisoners Act, 1900

(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 State 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.

Summary

A prison officer can raise a doubt if they think a warrant or order is not legal.
They can also doubt if the person who signed or sealed the warrant actually had the power to do so.
If there is a doubt, the officer must ask the State Government for instructions.
All public officers must follow the State Government's final decision on the matter.
While waiting for the government to decide, the prisoner must stay in custody as the warrant originally required.
The prisoner might receive certain "mitigations" (lessening of restrictions) if the warrant allowed for them while the case is being checked.

Practical examples

1Jailer James receives a warrant that looks like it was signed by someone who does not have sentencing power. James writes to the State Government to check if it is legal and keeps the prisoner in the meantime.

2Officer Kate is unsure if a warrant from a distant tribunal is valid under the 1900 Act. She refers it to the State Government. The government eventually orders the prisoner's release, and Kate must follow that order.

FAQ

1. What should a prison officer do if they doubt a warrant's legality under Section 17 of The Prisoners Act, 1900?

Under Section 17 of The Prisoners Act, 1900, the officer must refer the matter to the State Government for a final decision.

2. Is the prisoner released while the State Government checks a warrant under Section 17 of the 1900 Act?

No, under Section 17 of the 1900 Act, the prisoner remains detained in the manner specified in the warrant while the reference is being made.

3. Who must follow the State Government's order regarding a doubted warrant under Section 17 of the Prisoners Act?

According to Section 17 of the Prisoners Act, the prison officer and all other public officers must be guided by the State Government's order.

Test yourself

Q1.Under Section 17 of The Prisoners Act, 1900, what can a prison officer doubt besides the legality of the warrant?

Q2.To which authority must a doubt be referred under Section 17 of the 1900 Act?

Q3.What happens to the prisoner during a reference under Section 17 of The Prisoners Act, 1900?

Q4.If an officer doubts a warrant under Section 17, can they ignore it?

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