Section 2

Definitions. Repealed

The Exchange of Prisoners�Act, 1948

  • Act 58 of 1948
  • Ministry of Home Affairs
  • Department of Internal Security
About this Act

An Act to provide, in pursuance of an agreement with Pakistan for the exchange of prisoners, for the of certain prisoners from India to Pakistan and the reception in India of certain prisoners from Pakistan.

All sections
    In this Act, unless there is anything repugnant in the subject or context, —
     (a) "prison" includes any subsidiary jail, judicial lock-up or police lock-up, and anyplace used for the custody of persons who are ordered to be detained under any law for the time being in force;
     (b) "prisoners" means any person committed to custody in a prison on or before the 1stday of August, 1948 under the writ, warrant or order of any Court or authority other than a civil Court or Court-martial.
     1 * * * * *
     (d) "transferable prisoner" means—
         (i) in the State of Punjab 2 [as it existed before the 1st November, 1956,] any prisoner who, being a Muslim, is willing to be transferred to Pakistan under the provisions of this Act, and
         (ii) in any other part of India, any prisoner of such category as the Central Government may specify by notification in the Official Gazette who, being a Muslim, is willing to be transferred to Pakistan under the provisions of this Act.

Notes

1. Clause (c) omitted by the A. O. 1950.
2. Ins. by the A. O. (No. 3), 1956.
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