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Report No. 40

17. Section 2-Definitions.- (i) As already mentioned1, the object of the definition of "confinement in a prison" in clause (a) of section 2 is to bring within the scope of the Act persons detained in a prison, and not elsewhere, under the Preventive Detention Act, 1950, or any other law providing for preventive detention. With this definition, or rather rule of construction, the subsequent sections apply in relation to persons so detained in prisons as they apply to persons confined in prisons under the orders of a court.

The definition, however, is not aptly worded. It would be clearer and more appropriate to use the phrase "confined or detained in a prison" instead of the phrase "confined in a prison" in the six or seven places where it occurs, and to define "detained" as including detained under any law providing for preventive detention, In this connection, we have considered whether courts should have the power to require the production of persons who for special reasons are detained in places other than prisons. We are of the view that it is neither necessary nor desirable to extend the scope of the existing Act to such persons.

(ii) In the definition of "prison", the expression "reformatory, Borstal institution or other institution of a like nature" has apparently been taken from entry 4 of the State List in the Seventh Schedule to the Constitution. Though the Reformatory Schools Act, 1897, refers to reformatory schools, and not to reformatories, it is likely that in future reformatories other than reformatory schools may come into existence. Hence, no change in the language is suggested.

(iii) There would be no need for a definition of "State Government" in the Code of Civil Procedure. Since, in relation to a Union territory, it would mean the Central Government under the General Clauses Act, it would only be necessary to formally delegate its powers and functions under the new provisions to the Administrator under Article 239 of the Constitution.



Law relating to Attendance of Prisoners in Courts Back




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