(1) Whenever, in the course of an inquiry, trial or proceeding 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 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.
STATE AMENDMENT
Jharkhand
Amendment of Section 267.-In section 267 of Code of Criminal Procedure, 1973 in
its application to the State of Jharkhand, in Sub-Section (1) Clause (b):-
(i)
After the words “the court may make an order requiring the officer-in-charge of
the prison to produce such person before the Court" the words "either in prison
or through the medium of electronic video linkage" shall be inserted.
[Vide Jharkhand Act 2 of 2016, s. 2]
Code of Criminal Procedure (CrPC)
265F CrPC Judgment of the Court
265G CrPC Finality of the judgment
265H CrPC Power of the Court in plea bargaining
265K CrPC Statements of accused not to be used
265L CrPC Non-application of the Chapter
267 CrPC Power to require attendance of prisoners
268 CrPC Power of State Government to exclude certain persons from operation of section 267
269 CrPC Officer in charge of prison to abstain from carrying out order in certain contingencies