Prisoners under sentence of death
Section 30 of the Prisons Act, 1894 deals with prisoners under sentence of death. Every prisoner under sentence of death shall, immediately on his arrival in the prison after sentence, be searched by, or by order of, the Jailer and all articles shall be taken from him which the Jailer deems it dangerous or inexpedient to leave in his possession. The Act came into force on 07 Jan 1894.
(1) Every prisoner under sentence of death shall, immediately on his arrival in the prison after sentence, be searched by, or by order of, the Jailer and all articles shall be taken from him which the Jailer deems it dangerous or inexpedient to leave in his possession.
(2) Every such prisoner shall be confined in a cell apart from all other prisoners, and shall be placed by day and by night under the charge of a guard.
Section 30, The Prisons Act, 1894 (Act 9 of 1894).
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.
-
Shamik Narain vs Union of India
Court's Decision & Legal Precedent
Undue, unexplained and inordinate delay in disposal of mercy petitions by the President under Article 72 or Governor under Article 161, when spanning several years without plausible justification, violates the fundamental right to life guaranteed under Article 21 of the Constitution by inflicting psychological torture and dehumanizing effect on the condemned prisoner. Such delay constitutes a supervening circumstance warranting commutation of death sentence to life imprisonment. The principle applies equally to all death convicts regardless of whether they are convicted under IPC or TADA. Limited judicial review of executive mercy decisions is available on grounds including non-application of mind, mala fide, arbitrariness, extraneous considerations, and failure to consider relevant materials. The Court, as custodian of fundamental rights, has duty to grant substantial relief for Article 21 violations rather than merely remanding matters to executive.
On this section: Death row prisoner confinement provisions; interpreted restrictively to prohibit solitary confinement prior to mercy rejection
-
Jasbir Singh @ Jassa vs State of Punjab
Court's Decision & Legal Precedent
Inordinate delay in execution of death sentence, though a significant factor, cannot by itself be the sole ground for commutation of death sentence. The delay must be considered along with the nature and gravity of the crime. Time spent in judicial proceedings and review petitions at the instance of the convict should not be counted as delay. Only undue and long delay in disposing of mercy petitions or delay at the instance of the executive is material. In the present case, there is no such inordinate delay, and the heinous nature of the crime (cold-blooded murder of a 16-year-old child for ransom) precludes commutation of death sentence to life imprisonment.
On this section: Confinement of death row prisoners in cells apart from other prisoners under guard - interpreted to mean statutory segregation, not solitary confinement
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 Prisons Act?
Shamik Narain vs Union of India (21 Jan 2014) is the leading judgment on this section among those set out below: Death row prisoner confinement provisions; interpreted restrictively to prohibit solitary confinement prior to mercy rejection. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2014 to 2019.
How do I find court cases under Section 30 of the 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: Prisons Act 1894 30, section 30 Prisons Act 1894, section 30 of the Prisons Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Shamik Narain vs Union of India (21 Jan 2014).
When did Section 30 of the Prisons Act come into force?
Section 30 of the Prisons Act, cited as Prisons Act 1894 30, came into force on 07 Jan 1894, having been enacted on 22 Mar 1894. It is in force as at the date shown on this page.
Other sections of this Act
- 46. Punishment of such offences729 words
- 59. Power to make rules665 words
- 3. Definitions538 words
- 48. Award of punishments under sections 46 and 47353 words
- 47. Plurality of punishments under section 46332 words
- 45. Prison-offences224 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.