(1) The Provincial Government may by order in respect of any repatriated prisoner who, immediately before repatriation, was held under arrest or detention in police custody during or after completion of a police investigation, specify a Short title,extent and commencement.
Definitions.
Custody and removal or repatriated prisoner.
Convicted a prisoners.
Prisoners undergoing trial before repatriation.
V of 1898.
I of 1872.
I of 1872.
Prisoners repatriated while in police custody.
Bombay Repatriated prisoners Act,1949 1949 : Bom . XXVII] Presidency Magistrate or Magistrate of the first class, as the case may be, who shall have and exercised jurisdiction for the purposes of this section.
(2) Every repatriated prisoner in respect of whom an order has been made under sub-section (1) shall be produced without delay before the Magistrate specified in the order and such Magistrate may take cognizance of any offence that such repatriated prisoner may be reported by a police officer to have committed and may grant him bail.
(3) Where the repatriation was effected before completion of the police investigation or the Magistrate is of the opinion that the evidence is deficient, the repatriated prisoner shall be released upon his entering into a bond, with or without sureties, as the Magistrate may direct, to appear if and when so required, and in the meantime the Magistrate may order such further enquiry into the substance of the allegations as he thinks fit.
(4) In every case falling under sub-section (3), the Magistrate may, if he is satisfied at any stage that there is no prospect of securing sufficient evidence to justify commencement of proceedings against the repatriated prisoner, direct that such prisoner be discharged from his bond.
7. The Provincial Government may by order direct that the powers conferred on it by section 3, 4, 5 or 6 shall be also exercisable by such officer or authority and in such circumstances and under such conditions, if any, as may be specified in the order.
8. In relation to any repatriated prisoner whose detention immediately before his repatriation had been ordered under any law authorising preventive detention for reasons connected with the maintenance of public order, the Provincial Government shall have the same power in respect of extension or reduction of the term of detention as it possesses in relation to persons detained under section 2 of the Bombay Public Security Measures Act, 1947.
9. The High Court shall have, in relation to a repatriated prisoner, the same jurisdiction which is had in relation to a person who has been arrested or detained within the limits of its appellate jurisdiction in the same circumstances in which such prisoner was arrested or detained immediately before his repatriation.
10. The Provincial Government shall have to same powers to suspend, remit or commute a sentences of punishment awarded to a repatriated prisoner whether before or after his repatriation, as it possesses in relation to persons who have been sentenced in the Province for offences committed within the Province.
11. It shall be lawful for any officer to whom an order under section 3 or sub section 4 is directed to receive, to hold in custody, convey and deliver the repatriated prisoner, named in the order as directed therein and if any such prisoner, escaped out of any custody to which he may be delivered in pursuance of the order, he may be retaken as a person accused or convicted of an offence may be retaken upon an escape.
12. The Provincial Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1949, Part V, page
66.
Delegation of powers.
Power of Provincial government in relation to prisoners detained for reasons of security.
Jurisdiction of the High Court.
Powers of Provincial Government to suspend,remit or commute sentences.
Lawfulness of custody and retaking upon escape..
Powers to make rules.