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Union of India - Section
Section 52 in The Prisons Act, 1894
52. Procedure on committal of heinous offence.
- If any prisoner is guilty of any offence against prison discipline which, by reason of his having frequently committed such offences or otherwise, in the opinion of the Superintendent, is not adequately punishable by the infliction of any punishment which he has power under this Act to award, the Superintendent may forward such prisoner to the Court of the District Magistrate or of any Magistrate of the first class [or Presidency Magistrate] [Inserted by Act 13 of 1910, Section 2.] having jurisdiction, together with a statement of the circumstances, and such Magistrate shall thereupon inquire into and try the charge so brought against the prisoner, and, upon conviction, may sentence him to imprisonment which may extend to one year, such term to be in addition to any term for which such prisoner was undergoing imprisonment when he committed such offence, or may sentence him to any of the punishments enumerated in section 46:[Provided that any such case may be transferred for inquiry and trial by the District Magistrate to any Magistrate of the first class and by a Chief Presidency Magistrate to any other Presidency Magistrate: and] [Substituted by Act 13 of 1910, Section 2, for the first proviso.]Provided also that no person shall be punished twice for the same offence.| [Andhra Pradesh].- Same as that of Tamil Nadu.Andhra Pradesh Act 23 of 1958, Section 3.[Gujarat].- Same as that of Maharashtra.Gujarat Act 11 of 1960, Section 87; Gujarat A.L. (8th Amdt.) Order, 1961.[Madhya Pradesh].- In its application to the State of Madhya Pradesh, in Section 52,(a) the words the District Magistrate or of and or Presidency Magistrate shall be omitted;(b) these provisos shall be omitted.Madhya Pradesh Act 40 of 1961, Section 3 and Sch. (w.e.f. 1-2-1962).[Maharashtra].- In its application to the State of Maharashtra, in Section 52,(a) the words of the District Magistrate or shall be omitted;(b) in the first proviso, the words by the District Magistrate or to any Magistrate of the first class and shall be omitted.Bombay Acts 23 of 1951, Section 2 and Sch.; Act 23 of 1959, Section 2.[Punjab, Haryana and Chandigarh].- In its application to the States of Punjab and Haryana and Union territory of Chandigarh, in Section 52,(a) for the words District Magistrate or of any Magistrate of the first class or Presidency Magistrate, substitute Chief Judicial Magistrate or any other Judicial Magistrate of the first class; and(b) for the first proviso, substitute the following proviso, namely:Provided that any such case may be transferred for inquiry and a trial by the Chief Judicial Magistrate to any other Judicial Magistrate of the first class.Punjab Act 25 of 1964, Section 2 and Sch. (w.e.f. 2-10-1964) and Central Act 31 of 1966, Section 88 (w.e.f. 1-11-1966).[Tamil Nadu].- In its application to the State of Tamil Nadu, in Section 52, for the words and figures 'sentence him to any of the punishments enumerated in section 46', the words and figures 'sentence him to any of the punishments to which he is liable under section 46' shall be substituted. [Tamil Nadu Act 18 of 1947, Section 2 (w.e.f. 6-11-1947)]. |