# The Assam Prisons Act, 2013, Section 74

- Act: The Assam Prisons Act, 2013 (Act 15 of 2013)
- Source URL: https://indiacode.ecourtsindia.com/assam-prisons-act-2013/section/74/

## Text

(1) If any inmate is found guilty of any prison offence which, by reason of his having frequently committed such offences; or ; otherwise, in the opinion of the Superintendent, is not adequately punishable by the infliction of any punishment which he has power under this Act to award, the Superintendent may forward such inmate to the Court of a Magistrate. having jurisdiction, together with a statement of the circumstances, and such Magistrate shall thereupon inquire into and try the charge so brought against the inmate, and, upon conviction, may sentence him to imprisonment,of either description for a term not exceeding one year or, to any of the punishments enumerated in section 71. (2) In respect of any offence committed by any inmate which is punishable under this Act as well as under the Central Act 45 of 1860 Indian Penal Code, 1860 or any other law in force, it shall be in the discretion of the Superintendent to determine whether he will use his own powers of punishment or forward the inmate to the Court of a Magistrate having. . Act 2 of Central ,jurisdiction to be dealt with in accordance with the Code of 1974 Criminal Procedure, 1973 : Provided that, in the case of any of the following offences, the Superintendent shall forward the inmate to the Court of a Magistrate having jurisdiction, namely : ---- (a) Any offence triable exclusively by a Court of Session; Ca. (b) Any offence punishable under section 147 (Rioting) or section 148 (Rioting armed with a deadly weapon) or section 152 (Assaulting or obstructing or using criminal force to a public Central servant when suppressing riot, or threatening or attempting to do so) of the Indian Penal Code, 1860; Act 45 of 1860 (c) Any offence punishable under section 222 (Public servant intentionally omitting to apprehend any person lawfully committed to custody or intentionally suffering such person to escape or intentionally aiding such person in escaping or attempting to escape) or section 223 (Escape negligently suffered by public servant) or section 224 (Resistance or obstruction to lawful apprehension, or escape or, attempt to escape from lawful custody) of the Indian Penal Code, 1860; Central Act 45 of 1860 (d) Any offence punishable under section 304A (Causing death by a rash or negligent act) or section 309 (Attempt to commit suicide) or Central section 324 (Voluntarily causing hurt by of 1860 Act 45 dangerous weapons or means) or section 325 (Voluntarily causing grievous hurt) of the Indian Penal Code, 1860. (3) No inmate shall be punished twice for the same offence : Provided that the removal of an inmate from a prison office in consequence of a judicial conviction for an offence shall not be deemed as a punishment for the purposes of this sub-section. CHAPTER - XIV OFFENCES IN RELATION TO PRISONS Penalty for introduction or removal of prohibited articles into or from prison and communica tion with inmates

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