Officer in charge of prison to abstain from carrying out order in certain contingencies
AI Assist
Summary
When a court orders a prisoner to be produced or moved, the prison officer must not carry out the order if the prisoner is too sick or infirm to be moved, is under committal or remand for trial or a preliminary investigation, would be released before the order could be followed and the prisoner returned, or is covered by a State/Central Government order. In those cases the officer must send the court a statement of reasons for not acting. If the prisoner is needed to give evidence within 25 kilometres, the officer cannot refuse on the ground of remand.
Example
Rohan is in jail with a high fever. The court orders him produced for a hearing, but the officer finds him unfit to travel, so the officer abstains from carrying out the order and sends the court a written statement explaining Rohan's sickness.
Bare Act
Enacted textWhere the person in respect of whom an order is made under section 302-
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(a) is by reason of sickness or infirmity unfit to be removed from the prison; or
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(b) is under committal for trial or under remand pending trial or pending a preliminary investigation; or
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(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
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(d) is a person to whom an order made by the State Government or the Central Government under section 303 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).
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