Officer in charge of prison to abstain from carrying out order in certain contingencies, Prisoner to be brought to Court in custody and Power to issue commission for examination of witness in prison. Section 269, 270 and 271 of Code of Criminal Procedure 1973

Officer in charge of prison to abstain from carrying out order in certain contingencies, Prisoner to be brought to Court in custody and Power to issue commission for examination of witness in prison are defined under Section 269, 270 and 271 of CRPC 1973. Provisions under this section is:

Section 269 of CRPC "Officer in charge of prison to abstain from carrying out order in certain contingencies"

(a) is by reason of sickness or infirmity unfit to be removed from the prison; or

(b) is under committal for trial or under remand pending trial or pending a preliminary investigation; or

(c) is in custody for a period which would expire before the expiration of the time required for complying with the order and for taking him back to the prison in which he is confined or detained; or

(d) is a person to whom an order made by the State Government under Section 268 applies,

the officer in charge of the prison shall abstain from carrying out the Court's order and shall send to the Court a statement of reasons for so abstaining:

Provided that where the attendance of such person required for giving evidence at a place not more than twenty five kilometers distant from the prison, the officer in charge of the prison shall not so abstain for the reason mentioned in Clause (b).

Section 270 of CRPC "Prisoner to be brought to Court in custody"

Subject to the provisions of Section 269, the offices. charge of the prison shall, upon delivery of an order m under sub-section (1) of Section 267 and duly countersign where necessary, under sub-section (2) thereof, cause the person named in the order to be taken to the Court in which his attendance is required, so as to be present there at the time mentioned in the order, and shall cause him to be kept in custody in or near the Court until he has been examined or until the Court authorises him to be taken back to the prison in which he was confined or detained.

Section 271 of CRPC "Power to issue commission for examination of witness in prison"

The provisions of this Chapter shall be without prejudice to the power of the Court to issue, under Section 284, a commission for the examination, as witness, of any person confined or detained in a prison; an the provisions of Part B of Chapter XXIII shall apply in relation to the examination on commission of any such person in the prison as they apply in relation to the examination on commission of any other person.