What is the meaning of Detained, prison? What is Power to require attendance of prisoner? What is Power of State Government to exclude certain persons from operation of Section 267? Section 266, 267 and 268 of Code of Criminal Procedure 1973

Detained prison, Power to require attendance of prisoner and Power of State Government to exclude certain persons from operation of Section 267 are defined under Section 266, 267 and 268 of CRPC 1973. Provisions under this section is:

Section 266 of CRPC "Definition detained prison"

(a) "detained" includes detained under any law providing for preventive detention;

(b) 'prison " includes -

(i) any place which has been declared by the Government, by general or special order, a subsidiary jail;

(ii) any reformatory, Borstal institution or institution of a like nature.

Section 267 of CRPC "Power to require attendance of prisoner"

(1) Whenever, in the course of an inquiry, trial or proceeding under this Code, it appears to a Criminal Court,-

(a) that a person confined or detained in a prison should be brought before the Court for answering to a charge of an offence, or for the purpose of any proceedings against him, or

(b) that it is necessary for the ends of justice to examine such person as a witness,

the Court may make an order requiring the officer in charge of the prison to produce such person before the Court answering to the charge or for the purpose of such proceeding or, as the case may be, for giving evidence.

(2) Where an order under sub-section (1) is made by a Magistrate of the second class, it shall not be forwarded to, or acted upon by, the officer in charge of the prison unless it is countersigned by the Chief Judicial Magistrate, to whom such Magistrate is subordinate.

(3) Every order submitted for countersigning under sub-section (2) shall be accompanied by a statement of the facts which, in the opinion of the Magistrate, render the order necessary, and the Chief Judicial Magistrate to whom it is submitted may, after considering such statement, decline to countersign the order.

STATE AMENDMENT
Jharkhand
Amendment of Section 267.-In section 267 of Code of Criminal Procedure, 1973 in its application to the State of Jharkhand, in Sub-Section (1) Clause (b):-

(i) After the words �the court may make an order requiring the officer-in-charge of the prison to produce such person before the Court" the words "either in prison or through the medium of electronic video linkage" shall be inserted.

[Vide Jharkhand Act 2 of 2016, s. 2]

Section 268 of CRPC "Power of State Government to exclude certain persons from operation of Section 267"

(1) The State Government may, at any time, having regard to the matter specified in sub-section (2), by general or special order, direct that any person or class of persons shall not be removed from the prison in which he or they may be confined or detained, and thereupon, so long as the order remains in force, no order made under Section 267, whether before or after the order of the State Government, shall have effect in respect of such person or class of persons.

(2) Before making an order under sub-section (1), the State Government shall have regard to the following matters, namely :-

(a) the nature of the offence for which, or the grounds on which, the person or class of persons has been ordered to be confined or detained in prison;

(b) the likelihood of the disturbance of public order if the person or class of persons is allowed to be removed from the prison;

(c) the public interest, generally.