Section 74
Section 74 of the Assam Prisons Act, 2013. If any inmate is found guilty of any prison offence which, by reason of his having frequently committed such offences;
(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
Section 74, The Assam Prisons Act, 2013 (Act 15 of 2013).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Questions about Section 74
How do I find court cases under Section 74 of the Assam Prisons Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Assam Prisons Act 2013 74, section 74 Assam Prisons Act 2013, section 74 of the Assam Prisons Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 74 of the Assam Prisons Act, and has it changed?
Its own text turns on section 71, so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When was the Assam Prisons Act enacted?
Assam Prisons Act was enacted in 2013 as Act 15 of 2013. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/47531d6b-87b6-43f9-80c8-d742032f99b7.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/02780982-df02-4858-a717-eb588b445073/content). This page is not a substitute for legal advice.