CrPC Forms 37, 38 and 39: Production of Prisoner, Contempt Commitment and Witness Commitment
Forms 37, 38 and 39 formed part of the Second Schedule to the Code of Criminal Procedure, 1973. They prescribed formats connected respectively with production of a prisoner for giving evidence, commitment in certain contempt cases where a fine was imposed, and commitment of a witness who refused to answer or produce a document.
Relevant CrPC provisions
| Provision | Purpose before BNSS | Related form |
|---|---|---|
| Section 267 CrPC | Empowered a Criminal Court, in the circumstances specified by the section, to require the attendance of a person confined or detained in prison for answering a charge or for proceedings against that person, or for giving evidence. | Form 37 where production was required for giving evidence. |
| Section 345 CrPC | Provided a summary procedure for specified contempts committed in the view or presence of certain courts, subject to the conditions and limits prescribed by the section. | Form 38 where a fine was imposed with simple imprisonment in default. |
| Section 349 CrPC | Dealt with a witness or person who, without reasonable excuse after reasonable opportunity, refused to answer questions or produce a document or thing required by a Criminal Court. The provision permitted recorded reasons and limited custody or simple imprisonment in accordance with the section. | Form 39. |
The forms below preserve the substance and structure of the CrPC Second Schedule format. Blank spaces are retained for case-specific particulars.
CrPC Form No. 37
Order requiring production in Court of Person in Prison for giving evidence
See section 267 CrPC
To the Officer in charge of the Jail at ____
WHEREAS complaint has been made before this Court that ____ (name of the accused) of ____ has committed the offence of ____ (state offence concisely with time and place) and it appears that ____ (name of prisoner) at present confined/detained in the above-mentioned prison, is likely to give material evidence for the prosecution/defence;
You are hereby required to produce the said ____ under safe and sure conduct before this Court at ____ on the ____ day of ____, 20____ by ____ A.M. there to give evidence in the matter now pending before this Court, and after this Court has dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the said prison.
And you are further required to inform the said ____ of the contents of this order and deliver to him the attached copy thereof.
Dated, this ____ day of ____ 20____.
(Seal of the Court)
(Signature)
Countersigned.
(Signature)
(Seal)
CrPC Form No. 38
Warrant of commitment in certain cases of contempt when a fine is imposed
See section 345 CrPC
To the Officer in charge of the Jail at ____
WHEREAS at a Court held before me on this day ____ (name and description of the offender) in the presence (or view) of the Court committed wilful contempt;
And whereas for such contempt the said ____ (name of the offender) has been adjudged by the Court to pay a fine of rupees ____, or in default to suffer simple imprisonment for the period of ____ (state the number of months or days);
This is to authorise and require you to receive the said ____ (name of offender) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of ____ (term of imprisonment), unless the said fine be sooner paid; and, on the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of its execution.
Dated, this ____ day of ____, 20____.
(Seal of the Court)
(Signature)
CrPC Form No. 39
Magistrate's or Judge's Warrant of Commitment of Witness refusing to answer or to produce Document
See section 349 CrPC
To ____ (name and designation of officer of Court).
WHEREAS ____ (name and description), being summoned (or brought before this Court) as a witness and this day required to give evidence on an inquiry into an alleged offence, refused to answer a certain question (or certain questions) put to him touching the said alleged offence, and duly recorded, or having been called upon to produce any document has refused to produce such document, without alleging any just excuse for such refusal, and for his refusal has been ordered to be detained in custody for ____ (term of detention adjudged);
This is to authorise and require you to take the said ____ (name) into custody, and him safely to keep in your custody for the period of ____ days, unless in the meantime he shall consent to be examined and to answer the questions asked of him, or to produce the document called for from him, and on the last of the said days, or forthwith on such consent being known, to bring him before this Court to be dealt with according to law, returning this warrant with an endorsement certifying the manner of its execution.
Dated, this ____ day of ____, 20____.
(Seal of the Court)
(Signature)
Use of these forms after 1 July 2024
The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024 and repealed the Code of Criminal Procedure, 1973, subject to its repeal and savings provision. Accordingly, these CrPC forms are presented for historical reference and for matters in which the saved CrPC regime continues to govern. For proceedings commenced under the new law, the corresponding BNSS provisions and prescribed forms should be used.
For the complete CrPC framework, see the Code of Criminal Procedure, 1973 overview.