375. Examination of warrant. Notice of examination.
- All warrants shall be examined to ascertain whether they conform to the Code of Criminal Procedure and the Orders or the High Court.Note 1. - A warrant ordering imprisonment without specifying whether it is to be simple or rigorous imprisonment, an undated, an unsigned or unsealed warrant shall be returned or correction.Note 2. - Every warrant should show the class (habitual or casual) to which the prisoner belongs and in case of those previously convicted, a statement showing the previous conviction should be attached.Note 3. - The Superintendent of a jail is justified in refusing to receive or detain a prisoner in jail on a warrant to which is affixed a signature by means of a stamp. But he should ordinarily adopt the procedure detailed in note 7 below.Note 4. - All warrants should be signed in full (not initialled) by the Judge or Magistrate who issues it and should be sealed with the seal of the court.Note 5. - In the case of prisoners on whom separate sentences are passed, care should be taken about the date mentioned in warrant of commitment from which each sentence will have effect and whether the different sentences will run concurrently or consecutively.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 jail should not refuse to admit the prisoner where the above instructions have not been complied with, but should draw the immediate attention of the Magistrate concerned to the defects in the warrant of commitment and ask for its rectification at once, sending at the same time a copy of his letter to the District Magistrate in case warrant issued by an executive Magistrate and to the District and Sessions Judge in case warrant issued by a Judicial Magistrate for information.Note 8. - Warrants for the release or remission of sentences of prisoners confined in jail, warrants for the release of prisoners on bail and intimations of payment of fines sent to jail authorities should always be drawn up in Punjabi and should be signed in full by such officer and sealed with the seal of his court. They should be sent to the jail authorities through an official messenger of the court or through the agency of the post 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.Note 10. - Where an accused person has on conviction, been sentenced to imprisonment for a term, the period of detention, if any undergone by him during the investigation, inquiry or trial of the same case and before the date of such conviction, shall be set off against the term of imprisonment imposed on him on such conviction, and the liability of such person to undergo imprisonment on such conviction shall be restricted to the remainder, if any, of the term of imprisonment imposed on him.
