(1) Where an officer-in-charge of a person doubts the legality of a warrant or order sent to him for execution or the competency of the person whose official seal or signature is affixed there to pass the sentence and issue the warrant or order, he shall refer the matter to the State Government, by whole order on the case he and all other public officers shall be guided as to the future disposal of the prisoner.
(2) Pending a reference made under sub-section (1), the prisoner shall be detained in such manner, and with such restrictions or mitigations, as may be specified in the warrant or order.
(2) Pending a reference made under sub-section (1), the prisoner shall be detained in such manner, and with such restrictions or mitigations, as may be specified in the warrant or order.
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Section 1 · Short title, extent and commencementSection 2 · DefinitionsSection 3 · Officers-in-charge of prisons to detain persons committed to their custodySection 4 · Officers-in-charge of prisons to return writs, etc., after execution or dischargeSection 5 · Officers-in-charge of prisons to give effect to sentencesSection 6 · Warrant to be sufficient authoritySection 8 · Removal of prisonersSection 9 · Lunatic prisoners how to be dealt withIndia Code, Government of India. Text fetched 12 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.