Section 153 of The Navy Act, 1957
Whenever it is deemed expedient, it shall be lawful for the Central Government, the Chief of the Naval Staff or senior officer present, by an order in writing in the prescribed form, from time to time to change the place of confinement of any offender imprisoned or sentenced to be imprisoned or detained in pursuance of this Act or of any offender undergoing or sentenced to undergo detention; and the gaoler or other person having the custody of such offender shall immediately on the receipt of such order remove such offender to the gaol, prison or house of correction or, in the case of an offender undergoing or sentenced to undergo detention, to the naval detention quarters mentioned in the said order, or shall deliver him over to naval custody for the purpose of the offender being removed to such prison or naval detention quarters, and every gaoler or keeper of such last-mentioned prison, gaol, or house of correction or naval detention quarters shall, upon being furnished with such order of removal, receive into his custody and shall confine pursuant to such sentence or order every such offender.
Summary
- This provision outlines the legal process for transferring an inmate from one prison or detention facility to another.
- The Central Government, the Chief of the Naval Staff, or the senior officer present holds the authority to order this change of location.
- The transfer order must be made in writing using a specifically prescribed form.
- The official in charge of the current facility must immediately hand the prisoner over to naval custody or move them to the new facility upon receiving this order.
- The person in charge of the new facility is legally obligated to accept and confine the prisoner based on the provided transfer document.
Practical examples
FAQ
1. Who can authorize a prison transfer under Section 153 of The Navy Act, 1957?
Under Section 153 of the Act, only the Central Government, the Chief of the Naval Staff, or the senior officer present can authorize changing the place of confinement.
2. Is a verbal command enough to move a prisoner under Section 153 of the naval law?
No, Section 153 of the Act strictly requires an order in writing in the prescribed form to change an offender's place of confinement.
3. Can the receiving jail refuse to take the transferred prisoner under Section 153 of the defence rules?
No, Section 153 of The Navy Act, 1957 mandates that every jailer or keeper of the new prison must receive the offender into custody upon being furnished with the transfer order.
4. How does the actual movement of the prisoner happen under Section 153 of the Act?
Section 153 of the Act says the current jailer must either remove the offender to the new facility themselves or deliver the offender over to naval custody so they can be transported.
Test yourself
Q1.According to Section 153 of The Navy Act, 1957, which of the following actions must a gaoler take immediately upon receiving a valid order to change a prisoner's place of confinement?
Q2.Which authority is NOT granted the power to change a prisoner's place of confinement under Section 153 of the naval law?
Q3.If a prisoner is serving a sentence in a civil prison under Section 150, what documentation is required under Section 153 of The Navy Act, 1957 to transfer them to a naval prison?
Q4.Under Section 153 of the defence law, what is the legal obligation of the gaoler at the new destination facility?