What is the meaning of Detained, prison? What is Power to require attendance of prisoner? What is Power of State Government to exclude certain persons from operation of Section 267? Section 266, 267 and 268 of Code of Criminal Procedure 1973

Detained prison, Power to require attendance of prisoner and Power of State Government to exclude certain persons from operation of Section 267 are defined under Section 266, 267 and 268 of CRPC 1973. Provisions under this section is:

Section 266 of CRPC "Definition detained prison"

(a) "detained" includes detained under any law providing for preventive detention;
(b) 'prison " includes -
(i) any place which has been declared by the Government, by general or special order, a subsidiary jail;
(ii) any reformatory, Borstal institution or institution of a like nature.

Section 267 of CRPC "Power to require attendance of prisoner"

(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 answer to a charge of an offence, or for the purpose 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 proceed 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 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.

Section 268 of CRPC "Power of State Government to exclude certain persons from operation of Section 267"

(1) The State Government may, at any time, having regard to the matter specified in sub-section (2), by general or special order, direct that any person or class of persons shall not be removed from the prison in which he or they may be confined or detained, and thereupon, so long as the order remains in force, no order made under Section 267, whether before or after the order of the State Government, shall have effect in respect of such person or class of persons.

(2) Before making an order under sub-section (1), the State Government shall have regard to the following matters, namely :--

(a) the nature of the offence for which, or the grounds on which, the person or class of persons has been ordered to be confined or detained in prison;

(b) the likelihood of the disturbance of public order if the person or class of persons is allowed to be removed from the prison;

(c) the public interest, generally.

TRIAL OF SUMMONS-CASES BY MAGISTRATES
Substance of accusation to be stated. What is conviction on plea of guilty? What is conviction on plea of guilty in absence of accused in petty cases? What is Procedure when not convicted? Section 251, 252, 253 and 254 of Code of Criminal Procedure 1973

What is Acquittal or conviction? Non-appearance or death of complainant. Section 255 and 256 of Code of Criminal Procedure 1973

What is Withdrawal of complaint? What are the Power to stop proceedings in certain cases? What is the Power of Court to convert summons-cases into warrant-cases? Section 257,258 and 259 of Code of Criminal Procedure 1973

SUMMARY TRIALS

What is Power to try summarily? What is Summary trial by Magistrate of the second class? Section 260 and 261 of Code of Criminal Procedure 1973

What is Procedure for summary trials? What is Record in summary trials? What is Judgment in cases tried summarily? What is Language of record and judgment? Section 262, 263, 264 and 265 of Code of Criminal Procedure 1973

ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

What is the meaning of Detained, prison? What is Power to require attendance of prisoner? What is Power of State Government to exclude certain persons from operation of Section 267? Section 266, 267 and 268 of Code of Criminal Procedure 1973

Officer in charge of prison to abstain from carrying out order in certain contingencies,  Prisoner to be brought to Court in custody and Power to issue commission for examination of witness in prison. Section 269, 270 and 271 of Code of Criminal Procedure 1973

 

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