Section 61(5) in The West Bengal Correctional Services Act, 1992
(5)When an under-trial prisoner has been confined in a correctional home for a period of three months under orders of a Court, the Superintendent shall, before the expiry of the said period of three months, make a reference to that Court or to the Court before which his trial is pending seeking instructions for his confinement beyond the period of three months. If the Superintendent is of opinion that the prisoner has been confined beyond the maximum period of imprisonment which may be inflicted for the offence disclosed in the custody warrant, he may invite the attention of the Court which remanded the prisoner into custody, or the Court before which the trial of the prisoner is pending, to the said fact and seek orders for the release of the prisoner.
