Procedure where officer in charge of prison doubts the legality of warrant sent to him for execution under this Part
Section 17 of the Prisoners Act, 1900 deals with procedure where officer in charge of prison doubts the legality of warrant sent to him for execution under this Part. Where an officer in charge of a prison doubts the legality of a warrant or order sent to him for execution under this Part, or the competency of the person whose official seal or signature is affixed thereto to pass the sentence and issue the warrant or order, he shall refer the matter to the State The Act came into force on 02 Feb 1900.
(1) Where an officer in charge of a prison doubts the legality of a warrant or order sent to him for execution under this Part, or the competency of the person whose official seal or signature is affixed thereto to pass the sentence and issue the warrant or order, he shall refer the matter to the State Government, by whose order on the case he and all other public officers shall be guided as to the future disposal of the prisoner.
(2) Pending a reference made under sub-section (1), the prisoner shall be detained in such manner and with such restrictions or mitigations as may be specified in the warrant or order.
Section 17, The Prisoners Act, 1900 (Act 3 of 1900).
Questions about Section 17
What does Section 17 of the Prisoners Act deal with?
Section 17 of the Prisoners Act is headed "Procedure where officer in charge of prison doubts the legality of warrant sent to him for execution under this Part". Where an officer in charge of a prison doubts the legality of a warrant or order sent to him for execution under this Part, or the competency of the person whose official seal or signature is affixed thereto to pass the sentence and issue the warrant or order, he shall refer the matter to the State
How do I find court cases under Section 17 of the Prisoners 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: Prisoners Act 1900 17, section 17 Prisoners Act 1900, section 17 of the Prisoners Act. People searching for it also type namibian prisons act 17 of 1998. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 17 of the Prisoners Act come into force?
Section 17 of the Prisoners Act, cited as Prisoners Act 1900 17, came into force on 02 Feb 1900, having been enacted on 02 Feb 1900. It is in force as at the date shown on this page.
Other sections of this Act
- 30. Lunatic prisoners how to be dealt with414 words
- 15. Power for officers in charge of prisons to give effect to sentences of certain Courts341 words
- 13. Delivery of persons arrested in pursuance of warrant of High Court or Civil Court in Presidency- town213 words
- 18. Execution in the States of certain capital sentences not ordinarily executable there203 words
- 32. Appointment of places for confinement of persons under sentence of transportation and removal thereto150 words
- 29. Removal of prisoners126 words
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. Text as in force on 20 Oct 2026. This page is not a substitute for legal advice.