Report No. 40

5. Need for special provisions.- The basic provision of the Prisoners Act, 1900, viz., section 3, requires every officer in charge of a prison to receive and detain all prisoners duly committed to his custody by any court according to the 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. Specific statutory provisions were accordingly necessary to secure the temporary removal of a prisoner in custody to a civil or criminal court which happened to require his attendance and these provisions were made with elaborate care in sections 34 to 52 of the Act. The various details naturally differed in respect of civil and criminal courts, superior and subordinate courts, and courts in Presidency towns and courts elsewhere.