Rule 1 Order XVI A of Code of Civil Procedure 1908 "Definitions"
In this Order, -
(a) "detained" includes detained under any law providing for
preventive detention;
(b) "prison" includes-
(i) any place which has been declared by the State
Government, by general or special order, to be a subsidiary
jail; and
(ii) any reformatory, borstal institution or other
institution of a like nature.
Rule 2 Order XVI A of Code of Civil Procedure 1908 "Power to require attendance of prisoners to give evidence"
Where it appears to a Court that the evidence of a
person confined or detained in a prison within the State
is material in a suit, the Court may make an order
requiring the officer in charge of the prison to produce
that person before the Court to give evidence :
Provided that, if the distance from the prison to the
Court-house is more than twenty-five kilometres, no such
order shall be made unless the Court is satisfied that
the examination of such person on commission will not be
adequate.
Rule 3 Order XVI A of Code of Civil Procedure 1908 "Expenses to be paid into Court"
(1) Before making any order under rule 2, the Court shall
require the party at whose instance or for whose benefit the
order is to be issued, to pay into Court such sum of money
as appears to the Court to be sufficient to defray the
expenses of the execution of the order, including the
traveling and other expenses of the escort provided for the
witness.
(2) Where the Court is subordinate to a High Court, regard
shall be had, in fixing the scale of such expenses, to any
rules made by the High Court in that behalf.
Rule 4 Order XVI A of Code of Civil Procedure 1908 "Power
of State Government to exclude certain persons from the
operation of rule 2"
(1) The State Government may, at any time, having regard to
the matters specified in sub-rule (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 rule 2, whether before
or after the date of the order made by the State Government,
shall have effect in respect of such person or class of
persons.
(2) Before making an order under sub-rule (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 have 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; and
(c) the public interest, generally.
Rule 5 Order XVI A of Code of Civil Procedure 1908 "officer in charge of prison to abstain from carrying out order in certain cases"
Where the person in respect of whom an order is made under
rule 2-
(a) is certified by the medical officer attached to the
prison as unfit to be removed from the prison by reason of
sickness or infirmity; 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 rule 4 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.
Rule 6 Order XVI A of Code of Civil Procedure 1908 "Prisoners to be brought to Court in custody"
In any other case, the officer in charge of the prison shall, upon delivery of the Court's order, cause the person named therein to be taken to the Court so as to be present at the time mentioned in such 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 is confined or detained.
Rule 7 Order XVI A of Code of Civil Procedure 1908 "Power to issue commission for examination of witness in prison"
(1) Where it appears to the Court that the evidence of a
person confined or detained in a prison, whether within the
State or elsewhere in India, is material in a suit but the
attendance of such person cannot be secured under the
preceding provisions of this Order, the Court may issue a
commission for the examination of that person in the prison
in which he is confined or detained.
(2) The provisions of Order XXVI shall, so far may be, apply
in relation to the examination on commission of such person
in prison as they apply in relation to the examination on
commission of any other person.