Officer in charge of prison to abstain from carrying out order in certain contingencies
AI Assist
Summary
If a person whom the court has ordered to be produced is sick, infirm, already committed for trial, under remand or otherwise in custody whose release would occur before compliance, or covered by a State Government order, the prison officer must not carry out the production and must send the court a written statement of reasons. Exception: if the person is needed to give evidence within 25 kilometers, the officer must produce them despite being under committal or remand.
Example
Priya is under committal for trial and the court orders her production for a hearing in a neighbouring town 15 km from the prison. Because the place is within 25 km, the prison officer must produce Priya despite her committal; otherwise, if she were sick, the officer would abstain and send reasons to the court.
Bare Act
Enacted textWhere 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).
Previous year papers
Pick your exam. we'll email the most recent paper.