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 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 kilometres distance from the prison, the officer in charge of the prison shall not so abstain for the reason mentioned in clause (b).
Explanation
- This section emphasizes the importance of adhering to the law and ensures that prison officers are not forced to carry out illegal orders.
- It empowers prison officers to exercise their judgment and refuse to comply with instructions that they deem unlawful.
- The section applies to all prison officers, irrespective of their rank or position.
Illustration
Imagine a situation where the Superintendent of a prison orders a prison officer to transfer a prisoner to a different prison without following the established legal procedures. The officer has reason to believe this order is illegal and unauthorized. Under Section 269, the officer is obligated to refuse this order and can explain the legal reasons for their refusal to the Superintendent.
Common Questions and Answers
Q: What constitutes an illegal or unauthorized order?
A: Any order that violates the provisions of the CrPC, the Prison Act, or other relevant laws, or is not issued by a competent authority can be considered illegal or unauthorized.
Q: Can an officer face any consequences for refusing an order?
A: While refusing an illegal order is a legal duty, an officer might be questioned or face disciplinary action. However, Section 269 provides a legal basis for their refusal, and they are protected by the law.
Q: What should an officer do if they are unsure about the legality of an order?
A: They should seek clarification from their superiors or consult with legal counsel before taking any action.
