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Report No. 39

10. Legal provisions relating to transportation.-

First, it was enacted in section 368(2) of the Code of Criminal Procedure, 1898, that no sentence of transportation should specify the place to which the person sentenced was to be transported. Then, section 29 of the Prisoners Act, 1900, provided that the Governor-General-in-Council may, by general or special order, provide for the removal of any person confined in a prison under, or in lieu of, a sentence of transportation or imprisonment to any other prison in British India and the Local Government may similarly provide for such removal from one prison to another within the province.

Under section 31 of the Prisoners Act, 1900, the Governor-General-in-Council could order the removal of a person sentenced to transportation from the prison in which he was confined to any other prison in British India. Finally, section 32 of the Prisoners Act, as amended in 1920, empowered the Local Government to appoint places within the Province to which persons sentenced to transportation should be sent.

Punishment of Imprisonment for Life under the Indian Penal Code Back

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