The
Code of Criminal Procedure, 1973
CHAPTER XXII
: ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
266. Definitions
In this Chapter,-
(a) "detained" includes
detained under any law providing for preventive detention;
(b) "prison" includes,-
(i) any place which has been declared by the State Government, by general
or special order, to be a subsidiary jail;
(ii) any reformatory, Borstal institution or other institution of a
like nature.
267. Power to require attendance of prisoners-
(1) Whenever, in the course of an inquiry, trial or other proceeding
under this Code, it appears to a Criminal Court,-
(a) that a person confined or detained in a prison should be brought
before the Court for answering to a charge of an offence, or for the
purpose of any proceedings against him, or
(b) that it is necessary for the ends of justice to examine such person
as a witness,
the Court may make an order requiring the officer in charge of the prison
to produce such person before the Court for answering to the charge or
for the purpose of such proceeding or, as the case may be, for giving
evidence.
(2) Where an order under sub-section (1) is made by a Magistrate of
the second class, it shall not be forwarded to, or acted upon by, the
officer in charge of the prison unless it is countersigned by the Chief
Judicial Magistrate to whom such Magistrate is subordinate.
(3) Every order submitted for countersigning under sub-section (2)
shall be accompanied by a statement of the facts which, in the opinion
of the Magistrate, render the order necessary, and the Chief Judicial
Magistrate to whom it is submitted may, after considering such statement,
decline to countersign the order.
268. Power of State Government to exclude certain persons from operation
of section 267
(1) The State Government may, at any time, having regard to matters
specified in sub-section (2), by general or special order, direct that
any person or class of persons shall not be removed from the prison in
which he or they may be confined or detained, and thereupon, so long
as the order remains in force, no order made under section 267, whether
before or after the order of the State Government, shall have effect
in respect of such person or class of persons.
(2) Before making an order under sub-section (1), the State Government
shall have regard to the following matters, namely :-
(a) the nature of the offence for which, or the grounds on which, the
person or class of persons has been ordered to be confined or detained
in prison;
(b) the likelihood of the disturbance of public order if the person
or class of persons is allowed to be removed from the prison;
(c) the public interest, generally.
269. Officer in charge of prison to abstain from carrying out order in
certain contingencies
Where the person in respect of whom an order is made under section 267,-
(a) is by reason of sickness or infirmity unfit to be removed from
the prison; or
(b) is under committal for trial or under remand pending trial or pending
a preliminary investigation; or
(c) is in custody for a period which would expire before the expiration
of the time required for complying with the order and for taking him
back to the prison in which he is confined or detained; or
(d) is a person to whom an order made by the State Government under
section 268 applies,
the officer in charge of the prison shall abstain from carrying out
the Court's order and shall send to the Court a statement of reasons
for so abstaining :
Provided that where the attendance of such person is required for giving
evidence at a place not more than twenty-five kilometres distance from
the prison, the officer in charge of the prison shall not so abstain
for the reason mentioned in clause (b).
270. Prisoner to be brought to Court in custody
Subject to the provisions of section 269, the officer in charge of the
prison shall, upon delivery of an order made under sub-section (1) of
section 267 and duly countersigned, where necessary, under sub-section
(2) thereof, cause the person named in the order to be taken to the Court
in which his attendance is required, so as to be present there at the
time mentioned in the order, and shall cause him to be kept in custody
in or near the Court until he has been examined or until the Court authorises
him to be taken back to the prison in which he was confined or detained.
271. Power to issue commission for examination of witness in prison
The provisions of this Chapter shall be without prejudice to the power
of the Court to issue, under section 284, a commission for the examination,
as a witness, of any person confined or detained in a prison; and the
provisions of Part B of Chapter XXIII shall apply in relation to the
examination on commission of any such person in the prison as they apply
in relation to the examination on commission of any other person.
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