448. Procedure when the legality of a warrant to doubted.
(1)Where an officer in charge of a prison doubts the legality of a warrant or order sent to him for execution of 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 Local Government, by whose order on the case he and all other public officers shall be guided as to the future disposal of the prisoner.(2)Pending a reference made under sub-section (1), the prisoner shall be detained in such manner and with such restrictions or mitigations as may be specified in the warrant or order.Note :- Under Section 438 of the Code of Criminal Procedure, the District Magistrate is empowered to remove certain irregularities in warrants. It is only when an irregularity exists, that cannot otherwise be set right, that a report should be made to Government under Section 17 of the Prisoners Act, 1900.
