Removal of prisoners
Section 29 of the Prisoners Act, 1900 deals with removal of prisoners. The [State Government] may, by general or special order. The Act came into force on 02 Feb 1900.
1 [29. Removal of prisoners.—(1) The 2 [State Government] may, by general or special order. provide for the removal of any prisoner confined in a prison—
(a) under sentence of death, or
(b) under, or in lieu of, a sentence of imprisonment or transportation, or
(c) in default of payment of a fine, or
(d) in default of giving security for keeping the peace or for maintaining good behavior, to any other prison in 3 [the State 4 ***].
(2) 5 [Subject to the orders, and under the control, of the State Government] the Inspector-General of Prisons may, in like manner, provide for the removal of any prisoner confined as aforesaid in a prison in the State to any other prison in the State 6 .]
Section 29, The Prisoners Act, 1900 (Act 3 of 1900).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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State of Maharashtra v. Saeed Sohail Sheikh
Court's Decision & Legal Precedent
DATE-VERIFIED Judgement 2012-11-02 (order-14.pdf; body REPORTABLE; ~49k chars extracted; list_case_orders Judgment of Main Case). SC upheld HC that s.29 authorises State Government / IG Prisons to remove only prisoners of the enumerated sentenced classes (death; imprisonment/transportation; fine default; security default) within the State. It does NOT authorise administrative transfer of undertrial prisoners held on judicial remand. Undertrials may be moved only with permission of the remanding court, exercised as a judicial (not ministerial) power after hearing, because transfer affects Art.21 liberty and defence rights.
On this section: s.29: removal power is limited to the statute's sentenced categories; undertrials are outside s.29 and need remanding-court judicial leave.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 29
What have the courts held on Section 29 of the Prisoners Act?
State of Maharashtra v. Saeed Sohail Sheikh (02 Nov 2012) is the leading judgment on this section among those set out below: s.29: removal power is limited to the statute's sentenced categories; undertrials are outside s.29 and need remanding-court judicial leave.
How do I find court cases under Section 29 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 29, section 29 Prisoners Act 1900, section 29 of the Prisoners Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with State of Maharashtra v. Saeed Sohail Sheikh (02 Nov 2012).
When did Section 29 of the Prisoners Act come into force?
Section 29 of the Prisoners Act, cited as Prisoners Act 1900 29, 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
- 17. Procedure where officer in charge of prison doubts the legality of warrant sent to him for execution under this Part112 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 19 Oct 2026. This page is not a substitute for legal advice.