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Report No. 40

37. Section 6.- (i) As to section 6, so far as criminal courts are concerned (and the proviso only applies to them), clauses (ii) and (iii) of the proviso are obscurely and cumbrously worded. The intention appears to be that when the prison is near enough to the court-house where the evidence is to be taken, the prisoner should not be kept away on the ground that he is under committal for trial or under remand. It should be quite practicable to take him to the court in the morning and bring him back to prison in the evening after giving evidence. The distance of 5 miles mentioned in clause (iii) of the proviso could, however, be safely increased to 25 kms. (roughly 15 miles), without causing any inconvenience to the prison authorities.

(ii) The comments above1 on section 6 apply equally in relation to criminal courts, and the section should be re-drafted accordingly.

1. Para. 21(ii), and (iii), supra.



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