CrPC Section 267: Power to Require Attendance of Prisoners

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CrPC Section 267: Power to Require Attendance of Prisoners

This section empowers a Magistrate to order the attendance of a prisoner in his court, either personally or through video conferencing, for the purpose of giving evidence or being examined.

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
Also Read  Section 307 CrPC: Power to Direct Tender of Pardon - Code of Criminal Procedure
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