Section 266 of the Code of Criminal Procedure 1973 defines -
(a) “Detained” includes detained under any law providing for preventive detention;
(b) “Person” 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.
Section 267. of the Criminal Procedure Code 1973 provides that -
(1) Wherever, in the course of an inquiry, trial or other proceedings 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.
According to Section 268 of the Criminal Procedure Code (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.
As per Section 269 of the said Code, 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 or 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).
According to Section 270 of the Code of Criminal Procedure, subject to the provisions of section 269, the officer incharge of the prison shall, upon delivery of an order made under Sub-section (1) of’ section 267 and duly Countersigned, where necessary, under subsection (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 examine or until the court authorizes him to be taken back to the prison in which he was confined or detained.
Section 271 of the Code of Criminal Provides that - 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 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.
Transfer of Criminal Cases and Appeals (Cr.P.C Section 406 to Section 408 )
Maximum period for which an undertrial prisoner can be detained (436A CR.P.C)
Assistant Public Prosecutors (Section 25 of the Code of Criminal Procedure 1973
Difference/Distinction between Parole and Probation
What is Bail and what is the Difference between bailable and non-bailable offenses
Jurisdiction of Civil Court and Criminal Court
Kinds of Property | Property Law
Distinction/Difference between Inquiry and Trial
(a) “Detained” includes detained under any law providing for preventive detention;
(b) “Person” 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.
1) Power to require the attendance of prisoners -
Section 267. of the Criminal Procedure Code 1973 provides that -
(1) Wherever, in the course of an inquiry, trial or other proceedings 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.
2) Power of State Government to exclude certain persons from operation of section 267 -
According to Section 268 of the Criminal Procedure Code (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.
3) Officer in charge of prison to abstain from carrying out order in certain contingencies
As per Section 269 of the said Code, 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 or 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).
4) Prisoner to be brought to Court in custody
According to Section 270 of the Code of Criminal Procedure, subject to the provisions of section 269, the officer incharge of the prison shall, upon delivery of an order made under Sub-section (1) of’ section 267 and duly Countersigned, where necessary, under subsection (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 examine or until the court authorizes him to be taken back to the prison in which he was confined or detained.
5) Power to issue commission for examination of witness in prison
Section 271 of the Code of Criminal Provides that - 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 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.
See Also...
Transfer of Criminal Cases and Appeals (Cr.P.C Section 406 to Section 408 )
Maximum period for which an undertrial prisoner can be detained (436A CR.P.C)
Assistant Public Prosecutors (Section 25 of the Code of Criminal Procedure 1973
Difference/Distinction between Parole and Probation
What is Bail and what is the Difference between bailable and non-bailable offenses
Jurisdiction of Civil Court and Criminal Court
Kinds of Property | Property Law
Distinction/Difference between Inquiry and Trial
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