Power to require attendance of prisoners
AI Assist
Summary
A Criminal Court may order the prison officer in charge to produce a person confined in prison so they can answer a charge, take part in proceedings, or give evidence. If a Magistrate of the second class makes such an order, it must be countersigned by the Chief Judicial Magistrate before the prison will act. The second-class Magistrate must send a statement of facts with the order and the Chief Judicial Magistrate may refuse to countersign.
Example
Priya is serving a sentence in the district jail but a nearby Criminal Court needs her to testify in a theft trial. A Magistrate of the second class issues an order to produce Priya and sends a short statement explaining why she is needed to the Chief Judicial Magistrate; the prison will act only after the Chief Judicial Magistrate countersigns, and that Magistrate may decline to countersign.
Bare Act
Enacted text(1) Whenever, in the course of an inquiry, trial or proceeding under this Sanhita, it appears to a Criminal Court,-
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(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
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(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 answering to the charge or for the purpose of such proceeding or 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.
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