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Report No. 40

6. Provisions in Code of Criminal Procedure as originally enacted.- Despite the fact that it was a consolidating measure, the Prisoners Act left untouched two important provisions on the same subject contained in the Code of Criminal Procedure, 1898. Clauses (c), (d) and (e) of section 491(1) of the Code as originally enacted empowered each of the Presidency High Courts to direct-

"(c) that a prisoner detained in any jail situate within its ordinary original civil jurisdiction be brought before the Court to be there examined as a witness in any matter pending or to be inquired into in such court;

(d) that a prisoner detained as aforesaid be brought before a court-martial or any commissioner acting under the authority of any commission from the Governor-General in Council for trial or to be examined touching any matter pending before such court-martial or commissioners respectively;

(e) that a prisoner within such limits be removed from one custody to another for the purpose of trial."

Section 542 of the Code similarly empowered any Presidency Magistrate to issue an order to the officer incharge of a jail within the presidency town requiring him to bring a prisoner confined in jail before the Magistrate for examination as a witness or as accused person.

Law relating to Attendance of Prisoners in Courts Back

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