Lunatic prisoners how to be dealt with
Section 30 of the Prisoners Act, 1900 deals with lunatic prisoners how to be dealt with. Where it appears to the State Government that any person detained or imprisoned under any order or sentence of any Court is of unsound mind, the State Government may, by a warrant setting forth the grounds of belief that the person is of unsound mind, order his removal to a lunatic asylum or other p The Act came into force on 02 Feb 1900.
(1) Where it appears to the State Government that any person detained or imprisoned under any order or sentence of any Court is of unsound mind, the State Government may, by a warrant setting forth the grounds of belief that the person is of unsound mind, order his removal to a lunatic asylum or other place of safe custody within the State, there to be kept and treated as the State Government directs during the remainder of the term for which he has been ordered or sentenced to be detained or imprisoned, or, if on the expiration of that term it is certified by a medical officer that it is necessary for the safety of the prisoner or others that he should be further detained under medical care or treatment, then until he is discharged according to law.
(2) Where it appears to the State Government that the prisoner has become of sound mind, the State Government shall, by a warrant directed to the person having charge of the prisoner, if still liable to be kept in custody, remand him to the prison from which he was removed, or to another prison within the State, or, if the prisoner is no longer liable to be kept in custody, order him to be discharged.
(3) The provisions of section 9 of the 1Lunatic Asylums Act, 1858 (36 of 1858), shall apply to every person confined in a lunatic asylum under sub-section (1) after the expiration of the term for which he was ordered or sentenced to be detained or imprisoned, and the time during which a prisoner is confined in a lunatic asylum under that sub-section shall he reckoned as part of the term of detention or imprisonment which he may have been ordered or sentenced by the Court to undergo.
2 [(4) In any case in which the State Government is competent under sub-section (1) to order the removal of a prisoner to a lunatic asylum or other place of safe custody within the State, the State Government may order his removal to any such asylum or place within any other State or within 3 [any part of India to which this Act does not extend] by agreement with the State Government of such other State4 ***; and the provisions of this section respecting the custody, detention, remand and discharge of a prisoner removed under sub-section (1) shall, so far as they can be made applicable apply to a prisoner removed under this sub-section.]
Section 30, The Prisoners Act, 1900 (Act 3 of 1900).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
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.
-
Union of India Home Department Secretary vs Dharam Pal
Court's Decision & Legal Precedent
When a death row inmate has undergone inordinate and unexplained delay in the disposal of a mercy petition by the President/Governor, has been subjected to illegal solitary confinement prior to rejection of the mercy petition, and material facts that influenced the original death sentence have not been placed before the constitutional authority deciding the mercy petition, the death sentence must be commuted to life imprisonment as such circumstances violate the fundamental right to life under Article 21 of the Constitution and constitute grave injustice. The exercise of mercy power under Articles 72 and 161 is a constitutional duty requiring expeditious disposal, and prolonged delay has a dehumanizing effect that mandates judicial intervention.
On this section: Interpreted to clarify that solitary confinement of death row inmates is not authorized; confinement must be in a cell apart from other prisoners but not in solitary isolation; such confinement is only permissible after mercy petition is rejected and sentence becomes finally executable
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 30
What have the courts held on Section 30 of the Prisoners Act?
Union of India Home Department Secretary vs Dharam Pal (24 Apr 2019) is the leading judgment on this section among those set out below: Interpreted to clarify that solitary confinement of death row inmates is not authorized; confinement must be in a cell apart from other prisoners but not in solitary isolation; such confinement is only permissible after mercy petition is rejected and sentence becomes finally executable.
How do I find court cases under Section 30 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 30, section 30 Prisoners Act 1900, section 30 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 Union of India Home Department Secretary vs Dharam Pal (24 Apr 2019).
What should I read with Section 30 of the Prisoners Act, and has it changed?
Its own text turns on section 9 (Delivery of persons committed by High Court in execution of a decree or for contempt), so none of them can safely be read on its own. 4 other provisions in this corpus refer back to it.
When did Section 30 of the Prisoners Act come into force?
Section 30 of the Prisoners Act, cited as Prisoners Act 1900 30, 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
- 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
- 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.