The State of Jharkhand & Ors. v. Vikash Tiwary @ Bikash Tiwary @ Bikash Nath
Case at a glance
Provisions considered
Judgment
Prisoners Act, 1900 – s.29 – State Jail Manual, 1925 – Rule 770(b) – The Respondent herein was convicted for offences u/ss.302/120-B/34, 353/34, 341/34 of the Penal Code, 1860; ss.25(1-A), 26/35, 27(2) of the Arms Act, 1959 r/w. ss.3/4/5 of the Explosive Substances Act, 1908, and was sentenced to undergo life imprisonment – Inspector General of Prisons by memo dated 17.05.2023 transferred him from Lok Nayak Jai Prakash Narayan Central Jail, Hazaribagh, to the Central Jail, Dumka – Respondent filed writ petition before the High Court – The High Court set aside the order of transfer dated 17.05.2023 – Correctness: Held: In the instant case, the Jail superintendent by letter dated 16.05.2023 expressed apprehension of gang war/untoward incident in the prison, due to the presence of two notorious criminals; and insufficient kachpals to maintain them, which pose a challenge to the prison administration and hence, made intra-State transfer request, so as to ensure the safety of the prison – Based on the apprehension so raised, the Inspector General of Prisons by exercising his powers conferred u/s.29 of the Prisoners Act, 1900 and the applicable rules, transferred the respondent to another jail within the State, for security of the prison and to ensure the life * Author
Questions this judgment answers
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860; Arms Act, 1959; Explosive Substances Act, 1908 — ss. 3, 4, 5; Prisoners Act, 1900 — s. 29.
Which court decided this case, and when?
Supreme Court of India, on 17 Jan 2025. The bench was B PARDIWALA, R MAHADEVAN.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.