Code
(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]
Explanation
Section 267 of the Code of Criminal Procedure (CrPC) empowers a Magistrate to require the attendance of a prisoner in his court. This can be done either by bringing the prisoner to the court physically or by allowing them to participate through video conferencing.
The section states that the Magistrate may order the attendance of a prisoner if he deems it necessary for:
- Taking evidence from the prisoner
- Examining the prisoner
Illustration
A prisoner, ‘X’, is in custody for a theft case. During the trial, the prosecution wants to examine ‘X’ about his involvement in the crime. The Magistrate, under Section 267, can order ‘X’ to be brought to the court either physically or through video conferencing for examination.
Common Questions and Answers
Q1. Who can order the attendance of a prisoner?
A: Only a Magistrate can order the attendance of a prisoner under Section 267.
Q2. What are the purposes for which a prisoner’s attendance can be ordered?
A: The purposes for which a prisoner’s attendance can be ordered are:
- Taking evidence from the prisoner
- Examining the prisoner
Q3. Can the attendance of a prisoner be ordered through video conferencing?
A: Yes, Section 267 allows for the attendance of a prisoner through video conferencing.
Q4. What are the considerations for ordering a prisoner’s attendance?
A: The Magistrate must consider the following before ordering a prisoner’s attendance:
- The nature of the case
- The importance of the prisoner’s evidence
- The feasibility of bringing the prisoner to court
