LexThe Prisoners (Attendance in courts) Act, 1955
Chhattisgarh · state statute
Open in Lexace · Ask the AI about this actJAIL MANUAL .. , - SEftTI~ IV THE PRISONERS. (ATl'ENDANOE IN, COURTS) 1-~T?, l~~ (No. 32 of 1955~ An Act to provide for the attendance in courts of" P.e.TSPnS, cop~ue ,d ) in.. prisons__ for obtaining their ~yi~f~ce 1 01'r fo:r, ~Weri~ a~ crill\i~~l ,~ge Be it enacted by Parliament in the Sixth Year of the Re p,1,1blic. of .. ln~lia. as fo.llo)Vs ;..:.. Short title, extent 1. (p)This (\~~ ~ 5 , y bit,,ci1~9. th.e Pr~SQll.'rrS (..i\tte,ndJnce- and commencement in Courts Act, 195 . Definitions. Power of courts to require appearance , f prisoners to give evidence to answer a charge. . ,~ (2) .lt extends to the. wbcl~ of.India exceP,t the State of: Jijmnm and . Ka~hmir. ~ q • • • (3) It shall come into force on such date 2s the Centra t Government may, by n0tifi.cation in the Official Gazette; appoint. 2. In tliis A~~ :-· (a) 'Confi.nemet:t in a prison'-rderenccs i.O. confir:ement in a priso'l, by whatever form of words, include references to cor;finement or detention in a prison under any_ la'¥ providing for preventive detent- iqn. (b) 'Pris01i' includes- (i) any place which has been decland b)i tl:e State Government, by general or special orcl.er, to be a subsidiary jail; and (ii) any reformatory, Borstal institution or other · institution of a like nature ; (c) 'State Government', in relation to a Part C State means the Lieutenant Governor or, as the case may be, the Chief Commissioner of that State. 3. (1) Any civil or criminal court may, if it thinks that the evidence of any person confint-d in any prison is material in any matter perc1.ir;.g before it, make an order in. the form set forth in the First Schedule, directed to the office: in-charge of the prinson : CHAPTER V ] JAIL MANUAL Provided that no civil court shall make an order under this sub-section in respect of a . person confined in a prison situated outside the State in which the court is held. ri) Any criminal court may, if a charge of an. offence against a person corfii:ed in afl. y priscn is m2de or pending before it, make an order in the form set forth in the Second Schedule, direct ed to the officer in-charge of the prison. (3) No order made under this section by a civil court whii::h is subordinate to a District Judge shall have dlect unless itjs coimtersign~d by the District Judgt!; au~. no order made und~r this section by a criminal court which is inferior to the court of a Magistrate of the '.f' irst Class shall have eflect unless it is countersigned by the District Magistrate ' to whom that court is subordinate or within the local limits of whose jurisdicticn that court is situ.ate. ( 4) For the purposes of sub-section (3), a court of small causes outside a presidency town or the city of Hyderabad sh_all _ be deemed . t~ be subor-d in_ate_ t~ t?e District Judge w1thm the local hm1t~ of whose Jutisc1ct1cn such court is situate. 4. (1) The State Government may, having regard to the matters specified in sul-i-section (2), by general or snecial order, d frect that any person. or dass. of persons shah not be removed from the prison in which he or they may be confined, and thereupcn so long as any such order remians in force, the provisions of sectior 3 shall not apply to such person or class of :oersons. (2) Bt?fore maki:cg ap order under sub-section (1), the State Government shall have regard to the following matters, namely:...- . , (a) theI.iatur ,e of the_ oftence. for which or the grounds on which the confinement has' 1;,~eri ordered in respect of the person or c;lass o( persons; (b) the likelihood of the d isturba.nce of public order if the person or class of persons is allowed to be removed from the prison; ( C) the public interest, generally. 43-7 Power of · State Governme nt to exempt certain per sons from operati on. of section 3. 5. UIJon deli very of any order made under section 3 to Prisoners to be-. to th e officer in-charge of the. prison in which the person ,brought up. namec:! therein is ccnfincd, that officer shall cause him to be ( JAIL MANUAL [ C. tlAPTE:R V ta~en to the court in which his attendapce is n-quired, so as to be present in the cot1rt at the time in such order mentioned, and shall cause him to be detained in custody in or near the court until he has been examined 9r until the Judge or Presiding Officer of the court authorises him to be taken b3ck to the prison in wliich he was conJined. Officer in-charge of 6. Where the person in respect of whom an order prison when to is made under section 3-abstain from carry- in1 out order. (a) is in accordance with the rules made in this behalf, ..ieclared to be unfit to be removed from the -ptison "'here he is confined bJ reason of siciness or other i11ftrmity; or -:(b} is 11Mer committal for trial ; or (c) is under remand pending trial or pending a preli minary investigation ,; or (d) is in custody for a period which would expire before the expiration of the time required for removing him unc:ler this Act and for taking him backto the prison in \\-hich he is confined; the officer in , charge of the prison shall abstain from carrying out the order and shall send to the court from which the orde,: had been issued a statement of reasons for so abstaining : , Commissions for -examination of ·prisoners, Provided that such officer as aforesaid shall not so abstain where- '(i) the order bas been made by a crimmal coutt; and (ii) the person named in the order is confined under committal, for trial or under remand pending trial 0 r pending ·a orelim1nary investigation and is not declared in a""ccordance with . the rules made in this behalf to be unfit to be removed from the ptison where he is eonfined by reason of sickness or other infirmity; and (iii) the place) where the evidence of the person nameJ in the order is required, is not more than five miles clistant from the prison in · which he is confined. 7. In an} of the followillg cases, that is to say:-- CHAP'mt V] JAIL MANUAL (a) where it appears to aby civil court that the evidence of 11 person confined in a prison is material in any matter pending before it ar.d that the attendance of such person in court cannot be secured by reason of the -provisions of -section 6 or of an order under section 4 or the District Judge c:1.eclining under sub-section (3) of section 3 to counter sign an order for removal; or (b) where it appears to any civil court as aforesaid. that the evidence of a person confined in a prison which is situated outside the State in which or is more than fifty miles distant from the t:,lace at which, such court is held is :tfiaterial in any such -matter ; the coilrt t11ay, if it thinks fit, isstie a comtttis'sion under the provjsioL s of the Code of Civil Procedure, 190f:, (V of 190-S), for the examination of the person in the prison in which be is confined. 8. Save as otherwi •se t,rovided in this Act and any rules made thereunder, the provisions of the Code of Civil Pro- . cedure, 1908 (V of1908) and the Code of Criminal Procedure, 1898 (V of 1898), as the case may be, shalJ, so far as may be, appl} in relation to the exarniootion on commission or otherwise of any person confined in a prison as they apply 1n relation to the examination on ecmniission· of any other person. 439 Certain prov1SJ011 of the Code of Cri • mina, Procedure & the Code of Civil Procedure to apply. 9. (1) The State Gove:cnrnent may, by notification in Powertomakerules the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality -of the foregoing power, such rules may provide for :- (a) the procedure for obtaining the countersigr ~l t.r of an orde_r made under section 3 ; (b) the authority by whom and the manner in which a declaration that a person confir.ed in prison is unfit to be removed therefrcm, may be m2c!e ; (c) the conditions, inc1udirg payment of costs and charges, subject to which an order made under section 3 by a civil court may be executed ; 440 Repeal. JAJI: MANUAL [ c;l-lAPTER v· --- - - - (d) the mann~_r i_n w~ich a pro,cess ~irec~~d against any- person confu;ied in a pri~on iss;u~d from any court may be serv~d upon him ; (e) the escort of Persons confined in a Prison to and _ from courts in. which tp.eir attendanc;.il> required and for [heir Custody during tp.e, period of such attendance ; , . · (f) the am~mp_t to p~ al~owed for the co.sts an~ ch~rges . · . of _such escort ; apd . • · (g) the gujdan~e of officer·s in all other matters connected with the enforc( mel't of th is _Act. 10, (1) Part IX of the Prisoners Act, 1900 (III of 1900), and the First and Second Schcd u1es to the said Act are hereby · repealeq. ··• · · - · · (2) If immediately before the ccrnmenc(mcrt of tbis Act, there is in force in any Part B State to which this Act extends any law corresponding to the orovisior:s oft~~s Act~ that law s~all, in sp f'iir as it 'relates · to matters dealt with ill this Act, stand repealed on suc·h commenceni~nt : Provi<.ed that anything dore or ai:.y acticn ta):cn 1.·.rc er an·y suc.h ·1aw: shall be deemed to have been done or taken under the correspondir g provisicrs cf tbis Act ard shall con . tinue to have effect accordingly, unless and until superseded by anythin ·g done or any acticn takff crc'a this Act. CHAPTER V J JAIL MANUAL THE FIRST SCHEDULE [ See sub-section (1) of section 3 ] Court of ........ ....... ........ . To The Officer in-charge of the .. . ; ....... . (State name of ptison)· You are hereb)' required to produce .... ........ , now conffr1ed in ........ , under safe and sure conduct before the Court of at ... ....... ........ on the ........ . day .of ... ... ... i:ext by ......... of ·the clock in the forenoon of the same day, ther ·e to give evidence in a matter now oend ing before the said Court, and after the said has then ar·d there given his evidence before the said Court or the said Court has .dispensed with his further atterdance, c~use him to be conveyed und(r safe and sute corc.uct back to the ptiso~ . · The ....•....... day of ...... .......... . . A.B . . ( Countersigned ) C. D. ' THE SECOND SCHEDULB [ See sub-section (2) of section 3 ] Court of ........ ........ · ... .. .. To The Officer in-charge of the .... .... ... . (State name of prison) You are hereby required to proc,uce ............ ~ now confined in ............ under safe atd sure corduct before the Court the at ......... on the ......... c\ay of.. .......... next by .. '. ... : ..... of the clock in the forenoon of the same day, there to answer a charge now pendi ng before the said Court, and after such c~arge ~as been disposed of or the saicl Court has dispensed with his further attet:dance, cause him to be conveyed under , safe and sure condu ct back to the said pds0 n. · The ......... ..... . day of .... .. .... ....... . A.B. ( Countersigned ) C. D.