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Form No. 37 of Code of Criminal Procedure

Form No. 37

Order requiring production in Court of Person in Prison for giving evidence

See section 267

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 to 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) 

 

Form No. 38 of Code of Criminal Procedure

Form No. 38

Warrant of commitment in certain cases of contempt when a fine is imposed

See Section 345

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 willful 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)

 

 

Form No. 39 of Code of Criminal Procedure

Form No. 39

Magistrate's or Judge's Warrant of Commitment of Witness refusing to answer or to produce Document

See section 349

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)

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