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Report No. 40

Law Relating to Attendance of Prisoners in Courts

Contents
Law Relating to Attendance of Prisoners in Courts
Introductory
1. Genesis of the Report
2. Procedure followed
3. Existing Laws on the subject
4. The law before 195
5. Need for special provisions
6. Provisions in Code of Criminal Procedure as originally enacted
7. Scope of section 491 widened in 1923
8. Inconsistency between Code and Prisoners' Act
9. Cumbersome provisions in Prisoners' Act
10. Legislation of 1955-Constitutional angle
11. Extension to Part B States
12. Extension to persons under preventive detention
13. Salient features of the 1955-Act
14. Transfer of provisions to the two Codes recommende
15. Proposed analysis
Provisions Relating To Civil Courts
16. Section 1-Extent
17. Section 2-Definitions
18. Section 3
19. Section 4
20. Section 5
21. Section 6
22. Sections 7 and 8
23. Section 9
24. First Schedule
25. Provisions to be made in C.P.C
26. Draft Amendments appended
Provisions Relating To Criminal Courts
27. Power of High Courts under section 491(1)(c), Cr. P.C
28. Suggestions to retain power considered
29. Power of High Courts under section 491(1)(d)
30. Power of High Courts under section 491(1)(e)
31. Repeal of section 542 recommended
32. Provisions of 1955-Act concerning criminal courts
33,34. Sections 1 and 2
35. Section 3
36. Sections 4 and 5
37. Section 6
38 to 40 Sections 7 to 9
41 Schedule
42. Amendments to Criminal Procedure Code recommended
Appendix I Draft Amendments to The Code of Civil Procedure, 1908
1. Definitions
2. Power to require attendance of prisoner to give evidence
3. Expenses to be paid into court
4. Power of State Government to exclude certain persons from operation of rule 2
5. Officer in charge of prison to abstain from carrying out order in certain cases
6. Prisoner to be brought to Court in custody
7. Power to issue commission for examination of witness in prison
Order Requiring Production In Court Of Person In Prison For Giving Evidence (Order 16a, Rule 1)
Appendix II Draft Amendments to The Code of Criminal Procedure, 1898
Draft Amendments to The Code of Criminal Procedure, 1898
XLIA-Order Requiring Production In Court of Person In Prison For Answering To Charge of Offence
XLIB-Order Requiring Production in Court of Person in Prison for Giving Evidence


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