(1) All Warrants shall be examined to ascertain whether those confirm to the provisions of the Code of Criminal Procedure, 1973.
Note 1: A warrant ordering imprisonment without specifying whether it is simple or rigorous imprisonment, or an undated, unsigned or unsealed warrant shall be returned for correction.
Note 2: The amount of solitary confinement ordered on a warrant is dependent on the term of sentence and should not be more than what is allowed under section 73 of the Indian Penal Code, 1860.
Note 3: The Superintendent of a prison shall have the power to refuse to receive or detain a prisoner in prisons on a warrant to which a signature is not affixed with a stamp.
Note 4: All warrants must have been signed in full (not initials) by the judge or magistrate who issues it and must have the seal of the court.
Note 5: In the case of persons, on whom separate sentences are passed, care must be taken to state the dates from which each sentence is to have effect in the warrant of commitment.
भाग 4 (ग) राजस्ााू राज-पत्र दिसम् बर 12 2022 532 Note 6: In the case of under-trial prisoners, the warrant of commitment for intermediate custody should be prepared with the greatest care possible with reference to the above instructions.
Note 7: The Superintendent of a prison shall not refuse to admit a person where the above instructions have not been carried out, but he should draw the immediate attention of the magistrate concerned to the defect, and ask for its rectification at once.
Note 8: Warrants for the release or remission of sentences of prisoners confined in prison and for the release of prisoners on bail and intimations of payment of fines sent to prison authorities should always be prepared in the Hindi by the officer issuing the order and should be signed in full by such officer and sealed with the seal of his court and shall be sent to the prison authorities through an official messenger of the court or through the agency of the post or through online mode and not through the friends or relatives of prisoners.
Note 9: There should be a separate warrant or notice for every prisoner even if two or more prisoners have been jointly charged or convicted.
(2) When a Warrant is returned for correction, a copy shall be retained in the appropriate compartment of the warrant almirah until the original is returned.
(3) When an officer in charge of a prison doubts the legality of a warrant or order sent to him for execution or the competency of the person whose official seal and signature are affixed thereto to pass the sentence and issue such warrant or order, he shall refer the matter to the concerned court.
(4) After making necessary entries in the admission register and release diary and on completion of the procedure mentioned in the foregoing rules, which most ordinarily be effected within the day following the admission of the prisoner, the Jailor shall bring these register and prisoners with their warrants before the Superintendent, who shall satisfy himself that the entries (which he shall initial,) are correct and that the provisions of the rules have been carried out.
(5) The list of every prisoner’s property on his warrant shall be read over to him in presence of the Jailor or Superintendent and if the prisoner acknowledges it to be correct, the Superintendent shall initial the entry.
(6) The Superintendent shall also at the same time write any special order regarding treatment of any prisoner that may be necessary in his history ticket.