Note.—Under section 438 of the Code of Criminal
Procedure, the District Magistrate is empowered to remove certain
irregularities in the warrant. It is only when an irregularity exists
that cannot be otherwise set right, that a report should be made to
Government under section 17 of the Prisoner's Act, 1900.
Superintendent not to refuse admittance to a prisoner whose
warrant is defective.
Rule30. The Superintendent should not refuse to admit a
prisoner in whose warrant or order omissions and irregularities
exist, but should draw the immediate attention of the Magistrate
concerned to the defects and ask for rectification at once sending at
the same time a copy of his letter to the [Sessions Judge and Officer
incharge of the Prosecution] for his information. However, the
Superintendent is justified in refusing to receive or detain a prisoner
in prison on a warrant to which is affixed a signature by means of a
seal or stamp. But he should ordinarily adopt the procedure detailed
in
Rule 29.
Copy of warrant returned for correction to be kept.
Rule31. When a warrant is returned for correction, an
attested copy shall be retained in the prison office until the original
is returned. Blank warrant forms shall be kept for this purpose.
Calculation of date of release. Responsibility for correctness.
Rule32.(i) The date on which the prisoner is entitled to be
released shall be calculated by the Assistant Superintendent
incharge of admission and an entry made in the release register
or the release check register, as the case may be under that date,
giving the name, parentage and admission number, etc., of the
prisoner. It is not the duty of the committing officer to note the
date of release on the warrant. If such date is noted incorrectly
or omitted the warrant shall not be returned for correction on
that account:
(ii) In case the release or check date is changed either by
the imposition of additional imprisonment, or by reduction of the
sentence, or by absence on bail or after escape, a new date of
release or check date shall be fixed and an entry made under that
date. The old entry should be Scored through with red ink, and a
reference made against it to the new date fixed. .
(iii) The Deputy Superintendent shall himself check each
entry of date of release or check in the warrant, admission register
and released register or release check register and shall be
personally responsible for its correctness.
Superintendent to see necessary alterations in registers.
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