Removal of prisoners from one State to another
Section 3 of the Transfer of Prisoners Act, 1950 deals with removal of prisoners from one State to another. Where any person is confined in a prison in a State,— (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 behaviour; The Act came into force on 12 Apr 1950.
(1) Where any person is confined in a prison in a State,—
(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 behaviour;
the Government of that State may, with the consent of the Government of any other State, by order, provide for the removal of the prisoner from that prison to any prison in the other State.
(2) The officer in charge of the prison to which any person is removed under sub-section (1) shall receive and detain him, so far as may be, according to the exigency of any writ, warrant or order of the court by which such person has been committed, or until such person is discharged or removed in due course of law.
Section 3, The Transfer of Prisoners Act, 1950 (Act 29 of 1950).
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.
-
Zalam & Ors. v. State of Uttarakhand & Ors.
Court's Decision & Legal Precedent
DATE-VERIFIED Judgement body date 17.11.2015 matches index Final Order 2015-11-17 (order-5.pdf; get_order_ai_analysis DATE VERIFIED). Convicts of U.P. courts housed in Sampoornanand Open Jail, Sitarganj (UK) challenged GOs transferring them back to U.P. jails: court held prisoners have no right to choose a particular jail; Transfer of Prisoners Act 1950 s.3 authorises State-to-State removal where the sending State orders transfer with consent of the receiving State for death-sentence / imprisonment / fine-default / security-default prisoners; both States consented and Jail Manual / Prisoners Act procedures were followed — petition dismissed.
On this section: Teaches operative s.3: inter-State prisoner removal is an executive power exercised with receiving-State consent; facility loss in open jail does not create a justiciable right to remain.
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 Transfer of Prisoners Act?
Zalam & Ors. v. State of Uttarakhand & Ors. (17 Nov 2015) is the leading judgment on this section among those set out below: Teaches operative s.3: inter-State prisoner removal is an executive power exercised with receiving-State consent; facility loss in open jail does not create a justiciable right to remain.
How do I find court cases under Section 3 of the Transfer of 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: Transfer Prisoners Act 1950 3, section 3 Transfer Prisoners Act 1950, section 3 of the Transfer of 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 Zalam & Ors. v. State of Uttarakhand & Ors. (17 Nov 2015).
When did Section 3 of the Transfer of Prisoners Act come into force?
Section 3 of the Transfer of Prisoners Act, cited as Transfer Prisoners Act 1950 3, came into force on 12 Apr 1950, having been enacted on 12 Apr 1950. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions54 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 22 Oct 2026. This page is not a substitute for legal advice.