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)
Wherever, 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 the matters specified in
sub-section
(2),
by general of 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 to 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 kilometers 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.
