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 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 25 kilometres, no such order shall be made unless the court is satisfied that the examination of such person on commission will not be adequate. (Order XVI-A, Rule 2).
Before making an 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 moneys as be sufficient to defray the expenses of the execution of the order, including the travelling and other expenses of the escort provided for the witness. (Order XVI-A, Rule 3).
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ADVERTISEMENTS:
The State Government may, at any time, 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 shall have effect in respect of such person or class of persons. [Order XVI, Rule 4(1)].
Before making an order under sub-rule (1), the State Government shall have regard to (a) the nature of the offence for 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. [Order XVI-A, Rule 4(2)].