(1) In accordance with section 42, 43 or 44, the inspecting officer, during the inspection of the prison, if he observes that any prisoner has been imprisoned for more than the prescribed period of imprisonment or has been imprisoned for a period longer than the prevailing law, he may order the immediate release of such prisoner and if such order is made, he shall comply with it. It shall be the duty of the Jail Administrator concerned to do so.
(2) If the officer under sub-section (1) orders the release of a prisoner, during the inspection of the prison, if he observes any other matter which is not in accordance with this Act, he shall disclose the same and send a report to the Supreme Court, Ministry and Department.
(3) According to sub-section (1), if the officer inspecting the prison observes that any prisoner has been imprisoned for more than the prescribed period of imprisonment due to the negligence of any staff or security personnel or has been detained for a period longer than the prescribed period of imprisonment, he shall refer such employee or security personnel for departmental action according to the prevailing law. It should be sent in writing to the agency.