Officers in charge of prisons to detain persons duly committed to their custody
Section 3 of the Prisoners Act, 1900 deals with officers in charge of prisons to detain persons duly committed to their custody. The officer in charge of a prison shall receive and detain all persons duly committed to his custody, under this Act or otherwise, by any Court, according to the exigency of any writ, warrant or order by which such person has been committed, or until such person is discharged or removed in due cours The Act came into force on 02 Feb 1900.
The officer in charge of a prison shall receive and detain all persons duly committed to his custody, under this Act or otherwise, by any Court, according to the exigency of any writ, warrant or order by which such person has been committed, or until such person is discharged or removed in due course of law.
Section 3, 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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Manjit Singh s/o Moolsingh Sethi v. State of Maharashtra & Anr.
Court's Decision & Legal Precedent
DATE VERIFIED Judgment 2006-07-04 (order-5.pdf; V.G. Palshikar, Dr. S. Radhakrishnan & V.M. Kanade JJ.; document DATE matches Judgement index): Rejecting the plea that Prisoners Act s.3 confines reception/detention to persons committed ‘by any Court’ only, the Full Bench held s.3 is not exhaustive and contains no prohibition against the Superintendent receiving a person committed by a competent authority such as the Legislative Assembly Speaker on a privilege warrant. Privilege-commitment custody is lawful detention under the Act’s reception duty.
On this section: s.3 Officers in charge of prisons to detain persons duly committed — reception duty is not limited to court warrants; competent non-court commitments (e.g. Speaker privilege warrants) are within lawful detention under s.3.
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 3
What have the courts held on Section 3 of the Prisoners Act?
Manjit Singh s/o Moolsingh Sethi v. State of Maharashtra & Anr. (04 Jul 2006) is the leading judgment on this section among those set out below: s.3 Officers in charge of prisons to detain persons duly committed — reception duty is not limited to court warrants; competent non-court commitments (e.g. Speaker privilege warrants) are within lawful detention under s.3.
How do I find court cases under Section 3 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 3, section 3 Prisoners Act 1900, section 3 of the Prisoners Act. People searching for it also type where are the prisoners bg3 act 3. 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 Manjit Singh s/o Moolsingh Sethi v. State of Maharashtra & Anr. (04 Jul 2006).
When did Section 3 of the Prisoners Act come into force?
Section 3 of the Prisoners Act, cited as Prisoners Act 1900 3, 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 17 Oct 2026. This page is not a substitute for legal advice.