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Government Of Assam Home & Political Assam Prison Headquarters

Procedure for Transfer of Convicts

Transfer of Convicts

Conditions for transfer from one prison to another in the state:

  • The State Government or, subject to its general or special directions, the Inspector General may, by general or special order, direct any inmate to be transferred from one prison to any other prison in the State:
    Provided that when an order is made under this section directing an Undertrial inmate to be transferred from one prison to any other prison, intimation about such order shall be immediately communicated to the Court by whose warrant or order the inmate is committed to prison, together with a commitment to produce him in that Court on the date fixed for his production.
  • The Superintendent of the prison to which any person is transferred under sub-section (1) shall receive and detain him, so far as may be, according to the exigency of any writ, warrant or order of the Court by which such person has been committed, or until such person is discharged or removed in due course of law.

Conditions for transfer to and from any other State

  • The provisions of the Transfer of Prisoners Act, 1950 shall be followed in cases where a person detained in a prison in the State under sentence of death or imprisonment or in default of payment of fine or in default of giving security for keeping the peace or for maintaining good behaviour, is required to be transferred to a prison in any other State or Union Territory, and where such a person is required to be transferred from a prison in any other State or Union Territory to a prison in the State.
  • Upon and with effect from the admission of a person in a prison in the State by transfer from any prison in any other State or Union Territory as aforesaid the provisions of this Act and rules made there under shall apply to such person as if he had been originally admitted to such prison in the State:
    Provided that in the case of such a person, the authority for granting suspension, remission and commutation of sentence and for granting State remission shall remain with the appropriate Government as defined in section 2 of this Act.