# The Assam Prisons Act, 2013, Section 39

- Act: The Assam Prisons Act, 2013 (Act 15 of 2013)
- Source URL: https://indiacode.ecourtsindia.com/assam-prisons-act-2013/section/39/

## Text

(1) No inmate shall be discharged from prison against his will if labouring under any acute or dangerous distemper until, in the opinion of the Medical Officer, such discharge is safe. (2) The Superintendent shall forthwith report the case of any inmate whose discharge is not effected on grounds as aforesaid to the Court under whose writ, warrant or order the inmate is committed to prison as well as to the Court or authority, if different from the Court aforesaid, making the order for discharge of the inmate. CHAPTER - VII LEGAL DEFENCE AND AID win hora de Legal Aid at 40. (1) Where an undertrial inmate is not represented by a. State expense in certain cases pleader in the case or cases in which he is detained and, on submission of application by the undertrial inmate expressing his inability to engage a pleader, where it appears to the Superintendent. of the prison that the inmate is, for good reason, unable to engage a pleader to exercise his right to be released on bail or on his own bond under the relevant provisions of law or to be defended in the trial of such case or cases, the Superintendent shall refer the name and particulars of such undertrial inmate to the Secretary of the District Legal Services Authority constituted under section 9 of the Legal Services Authorities Act, 1987 for providing legal services at the expense of the State. (2) Where a convicted inmate makes an appeal or an application for revision, and where it appears to the Superintendent of the prison that the inmate is, for good reason, unable to engage a pleader to represent him in the appellate or revisional court, the Superintendent shall cause a prayer to be made by such inmate for assigning a pleader for him at the expense of the State and immediately forward such prayer to the appellate or revisional court, as the case may be. Central Act 39 of 1987 Copy of Judgment

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