The Transfer of Prisoners Act, 1950
The Transfer of Prisoners Act, 1950, Act No. 29 of 1950, is a law made by Parliament to allow the removal of a person confined in a prison from one State to a prison in another State in India. It applies across India and lets the Government of the State where the prisoner is confined order the transfer, but only with the consent of the Government of the other State. Section 4 has been repealed.
What this law does
The Transfer of Prisoners Act, 1950, Act No. 29 of 1950, is a central law made by Parliament to provide for the removal of persons confined in a prison from one State to another. It is a short law focused on inter State prison transfers.
The text says the Act extends to the whole of India. The list printed with the Act also notes later extensions to Kohima and Mokakchung Districts, Dadra and Nagar Haveli, and Goa, Daman and Diu.
Who it affects
The Transfer of Prisoners Act, 1950 affects:
- prisoners confined in a prison in any State
- State Governments that may arrange a transfer
- prison officers who must receive and detain a transferred prisoner
- courts, because detention after transfer continues according to the writ, warrant or order under which the person was committed
For most property buyers or owners, this law does not deal with land, registration, revenue records or property rights.
When a prisoner can be transferred
Section 3 allows a transfer from a prison in one State to a prison in another State if the person is confined:
- under sentence of death
- under, or in lieu of, a sentence of imprisonment or transportation
- in default of payment of a fine
- in default of giving security for keeping the peace or for maintaining good behaviour
The Government of the State where the prisoner is confined may order the removal. The consent of the Government of the other State is required.
What happens after transfer
The officer in charge of the prison receiving the prisoner must receive and detain that person. The detention is to continue, so far as may be, according to the exigency of the writ, warrant or court order under which the person was committed. The person remains detained until discharge or removal in due course of law.
Definitions used in the Act
The Transfer of Prisoners Act, 1950 defines some key terms:
- "court" includes any officer lawfully exercising civil, criminal or revenue jurisdiction
- "prison" includes any place declared by a State Government, by general or special order, to be a subsidiary jail
Repealed provision
Section 4, which dealt with amendment of section 29 of Act III of 1900, has been repealed by the Repealing and Amending Act, 1957.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does The Transfer of Prisoners Act, 1950 have anything to do with land or property matters?
No. The text is about removal of persons confined in a prison from one State to another. It does not deal with land ownership, registration, patta, revenue records or property transactions.
Can a prisoner be moved from one State to another under this law?
Yes. The Transfer of Prisoners Act, 1950 allows the Government of the State where the prisoner is confined to order removal to a prison in another State, with the consent of the Government of that other State.
In what situations can a prisoner be transferred under The Transfer of Prisoners Act, 1950?
The Act lists four situations, when the person is confined under sentence of death, under or in lieu of a sentence of imprisonment or transportation, in default of payment of a fine, or in default of giving security for keeping the peace or maintaining good behaviour.
What happens to the prisoner's detention after transfer to another State?
The officer in charge of the receiving prison must receive and detain the person according to the writ, warrant or court order under which the person was committed, so far as may be, until discharge or removal in due course of law.
