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.
TRIAL OF SUMMONS-CASES BY MAGISTRATES
Substance of accusation to be stated. What is
conviction on plea of guilty? What is conviction on
plea of guilty in absence of accused in petty cases?
What is Procedure when not convicted? Section 251,
252, 253 and 254 of Code of Criminal Procedure 1973
SUMMARY TRIALS
ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS