marco-D-phoenix/Indian_Judicial_codes_and_acts huggingface dataset:
CHAPTER XXII - ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
Section 267 – Power to require attendance of prisoners
Wherever, in the course of an inquiry, trial or other proceeding under this Code, it appears to a Criminal Court.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, orthat 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 for answering to the charge or for the purpose of such proceeding or as the case may be, for giving evidence.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.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.
CHAPTER XXII - ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
Section 268 – Power of State Government to exclude certain persons from operation of section 267
The State Government may, at any time having regard to the matters specified in Sub-Section (2), by general of 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 to 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.Before making an order under Sub-Section (1), the State Government shall have regard to the following matters, namely: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;the likelihood of the disturbance of public order if the person or class of persons is allowed to be removed from the prison;the public interest, generally.
CHAPTER XXII - ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
Section 269 – Officer in charge of prison to abstain from carrying out order in certain contingencies
Where the person in respect of whom an order is made under section 267,is by reason of sickness or infirmity unfit to be removed from the prison; oris under committal for trial or under remand pending trial or pending a preliminary investigation; oris 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; oris 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 is required for giving evidence at a place not more than twenty-five kilometers distance from the prison, the officer in charge of the prison shall not so abstain for the reason mentioned in clause (b).
CHAPTER XXII - ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
Section 270 – Prisoner to be brought to Court in custody
Subject to the provisions of section 269, the officer in charge of the prison shall, upon delivery of an order made under Sub-Section (1) of section 267 and duly countersigned, 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.
CHAPTER XXII - ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
Section 271 – 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 a witness, of any person confined or detained in a prison; and 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.
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - A - Mode of taking and recording evidence
Section 272 – Language of Courts
The State Government may determine what shall be, for purposes of this Code, the language of each Court within the State other than the High Court.
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - A - Mode of taking and recording evidence
Section 273 – Evidence to be taken in presence of accused
Except as otherwise expressly provided, all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused or, when his personal attendance is dispensed with, in the presence of his pleader.Provided that where the evidence of a woman below the age of eighteen years who is alleged to have been subjected to rape or any other sexual offence, is to be recorded, the court may take appropriate measures to ensure that such woman is not confronted by the accused while at the same time ensuring the right of cross-examination of the accused.1Explanation – In this section “accused” includes a person in relation to whom any proceeding under Chapter VIII has been commenced under this Code.1 Criminal Law (Amendment) Act, 2013
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - A - Mode of taking and recording evidence
Section 274 – Record in summons-cases and inquiries
In all summons-cases tried before a Magistrate, in all inquiries under sections 145 to 148 (both inclusive), and in all proceedings under section 446 otherwise than in the course of a trial, the Magistrate shall, as the examination of each witness proceeds, make a memorandum of the substance of the evidence in the language of the Court:Provided that if the Magistrate is unable to make such memorandum himself, he shall after recording the reason of his inability, cause such memorandum to be made in writing or from his dictation in open Court.Such memorandum shall be signed by the Magistrate and shall form part of the record.
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - A - Mode of taking and recording evidence
Section 275 – Record in warrant-cases
In all warrant-cases tried before a Magistrate, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the Magistrate himself or by his dictation in open Court or, where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence, by an officer of the Court appointed by him in this behalf.Provided that evidence of a witness under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of the offence.Where the Magistrate causes the evidence to be taken down, he shall record a certificate that the evidence could not be taken down by himself for the reasons referred to in Sub-Section (1).Such evidence shall ordinarily be taken down in the form of a narrative, by the Magistrate may, in his discretion take down, or cause to be taken down, any part of such evidence in the form of question and answer.The evidence so taken down shall be signed by the Magistrate and shall form part of the record.
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - A - Mode of taking and recording evidence
Section 276 – Record in trial before Court of Session
In all trials before a Court of Session, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the presiding Judge himself or by his dictation in open Court or under his direction and superintendence, by an officer of the Court appointed by him in this behalf.Such evidence shall ordinarily be taken down in the form of a narrative, but the presiding Judge may, in his discretion take down or cause to be taken down, any part of such evidence in the form of question and answer.The evidence so taken down shall be signed by the presiding Judge and shall form part of the record.
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - A - Mode of taking and recording evidence
Section 277 – Language of record of evidence
In every case where evidence is taken down under section 275 or section 276,the witness gives evidence in the language of the Court, it shall be taken down in that language;if he gives evidence in any other language, it may, if practicable, be taken down in that language, and if it is not practicable to do so, a true translation of the evidence in the language of the Court shall be prepared as the examination of the witness proceeds, signed by the Magistrate or Presiding Judge, and shall form part of the record;where under clause (b) evidence is taken down in a language other than the language of the Court, a true translation thereof in the language of the Court shall be prepared as soon as practicable, signed by the Magistrate or Presiding Judge, and shall form part of the record:Provided that when under clause (b) evidence is taken down in English and a translation thereof in the language of the Court is not required by any of the parties, the Court may dispense with such translation.
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - A - Mode of taking and recording evidence
Section 278 – Procedure in regard to such evidence when completed
As the evidence of each witness taken under section 275 or section 276 is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his pleader, if he appears by pleader, and shall, if necessary, be corrected.If the witness denies the correctness of any part of the evidence when the same is read over to him, the magistrate or presiding Judge may, instead of correcting the evidence, make a memorandum thereon of the objection made to it by the witness and shall add such remarks as he thinks necessary.If the record of the evidence is in a language different from that in which it has been given and the witness does not understand that language, the record shall be interpreted to him in the language in which it was given, or in a language which he understands.
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - A - Mode of taking and recording evidence
Section 279 – Interpretation of evidence to accused or his pleader
Whenever any evidence is given in a language not understood by the accused, and he is present in Court in person, it shall be interpreted to him in open Court in a language understood by him.If he appears by pleader and the evidence is given in a language other than the language of the Court and not understood by the pleader, it shall be interpreted to such pleader in that language.When documents are put for the purpose of formal proof, it shall be in the discretion of the Court to interpret as much thereof as appears necessary.
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - A - Mode of taking and recording evidence
Section 280 – Remarks respecting demeanour of witness
When a presiding Judge or Magistrate has recorded the evidence of a witnesses, he shall also record such remarks (if any) as he thinks material respecting the demeanour of such witness whilst under examination.
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - A - Mode of taking and recording evidence
Section 281 – Record of examination of accused
Whenever the accused is examined by a Metropolitan Magistrate, the Magistrate shall make a memorandum of the substance of the examination of the accused in the language of the Court and such memorandum shall be signed by the Magistrate and shall form part of the record.Whenever the accused is examined by any Magistrate other than a Metropolitan Magistrate, or by a Court of Session, the whole of such examination, including every question put to him and every answer given by him, shall be recorded in full by the Presiding Judge or Magistrate himself or where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence by an officer of the Court appointed by him in this behalf.The record shall, if practicable, be in the language in which the accused is examined or, if that is not practicable in the language of the Court.The record shall be shown or read to the accused, or, if he docs not understand the language in which it is written, shall be interpreted to him in a language which he understands, and he shall be at liberty to explain or add to his answers.It shall thereafter be signed by the accused and by the Magistrate or presiding Judge, who shall certify under his own hand that the examination was taken in his presence and hearing and that the record contains a full and true account of the statement made by the accused.Nothing in this section shall be deemed to apply to the examination of an accused person in the course of a summary trial.
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - A - Mode of taking and recording evidence
Section 282 – Interpreter to be bound to interpret truthfully
When the services of an interpreter are, required by any Criminal Court for the interpretation of any evidence or statement, he shall be bound to state the true interpretation of such evidence or statement.
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - A - Mode of taking and recording evidence
Section 283 – Record in High Court
Every High Court may, by general rule, prescribe the manner in which the evidence of witnesses and the examination of the accused shall be taken down in cases coming before it; and such evidence and examination shall be taken down in accordance with such rule.
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - B - Commissions for the examination of witnesses
Section 284 – When attendance of witness may be dispensed with and commission issued
Whenever, in the course of any inquiry, trial or other proceeding under this Code, it appears to a Court of Magistrate that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, the Court or Magistrate may dispense with such attendance and may issue a commission for the examination of the witness in accordance with the provisions of this Chapter:Provided that where the examination of the President or the Vice-President of India or the Governor of a State or the Administrator of a Union Territory as a witness is necessary for the ends of justice, a commission shall be issued for the examination of such a witness.The Court may, when issuing a commission for the examination of a witness for the prosecution direct that such amount as the Court considers reasonable to meet the expenses of the accused including the pleader’s fees, be paid by the prosecution.
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - B - Commissions for the examination of witnesses
Section 285 – Commission to whom to be issued
If the witness is within the territories to which this Code extends, the commission shall be directed to the Chief Metropolitan Magistrate or Chief Judicial Magistrate, as the case may be, within whose local jurisdiction the witness is to be found.If the witness is in India, but in a State or an area to which this Code does not extend, the commission shall be directed to such Court or officer as the Central Government may, by notification specify in this behalf.If the witness is in a country or place outside India and arrangements have been made by the Central Government with the Government of such country or place for taking the evidence of witnesses in relation to criminal matters, the commission shall be issued in such form, directed to such Court or officer, and sent to such authority for transmission as the Central Government may, by notification prescribe in this behalf.
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - B - Commissions for the examination of witnesses
Section 286 – Execution of commissions
Upon receipt of the commission, the Chief Metropolitan Magistrate of Chief Judicial Magistrate, or such Metropolitan or Judicial Magistrate as he may appoint in this behalf, shall summon the witness before him or proceed to the place where the witness is, and shall lake down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant-cases under this Code.
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - B - Commissions for the examination of witnesses
Section 287 – Parties may examine witnesses
The parties to any proceeding under this Code in which a commission is issued may respectively forward any interrogatories in writing which the Court or Magistrate directing the commission may think relevant to the issue, and it shall be lawful for the Magistrate, Court or officer to whom the Commission is directed, or to whom the duty of executing it is delegated, to examine the witness upon such interrogatories.Any such party may appear before such Magistrate, Court or officer by pleader, or if not in custody, in person, and may examine, cross-examine and re-examine (as the case may be) the said witness.
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - B - Commissions for the examination of witnesses
Section 288 – Return of commission
After any commission issued under section 284 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the Court or Magistrate issuing the commission; and the commission, the return thereto and the deposition shall be open at all reasonable times to inspection of the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record.Any deposition so taken, if it satisfies the conditions prescribed by section 33 of the Indian Evidence Act, 1872 (1 of 1872) may also be received in evidence at any subsequent stage of the case before another Court.
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - B - Commissions for the examination of witnesses
Section 289 – Adjournment of proceeding
In every case in which a commission is issued under section 284, the inquiry, trial or other proceeding may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - B - Commissions for the examination of witnesses
Section 290 – Execution of foreign commissions
The provisions of section 286 and so much of section 287 and section 288 as relate to the execution of a commission and its return shall apply in respect of commissions issued by any of the Courts, Judges or Magistrates hereinafter mentioned as they apply to commissions issued under section 284.The Courts, Judges and Magistrates referred to in Sub-Section (1) are:any such Court, Judge or Magistrate exercising jurisdiction within an area in India to which this Code does not extend, as the Central Government may, by notification, specify in this behalf;any Court, Judge or Magistrate exercising jurisdiction in any such country or place outside India, as the Central Government may, by notification, specify in this behalf, and having authority under the law in force in that country or place, to issue commissions for the examination of witnesses in relation to criminal matters.
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - B - Commissions for the examination of witnesses
Section 291 – Deposition of medical witness
The deposition of a civil surgeon or other medical witness, taken and attested by a Magistrate in the presence of the accused, or taken on commission under this Chapter, may be given in, evidence in any inquiry, trial or other proceeding under this Code, although the deponent is not called as a witness.The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such deponent as to the subject-matter of his deposition.
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - B - Commissions for the examination of witnesses
Section 291A – Identification report of Magistrate
Any document purporting to be a report of identification under the hand of an Executive Magistrate in respect of a person or property may be used as evidence in any inquiry, trial or other proceeding under this Code, although such Magistrate is not called as a witness:Provided that where such report contains a statement of any suspect or witness to which the provisions of section 21, section 32, section 33, section 155 or section 157, as the case may be, of the Indian Evidence Act, 1872(1 of 1872), apply, such statement shall not be used under this Sub-Section except in accordance with the provisions of those sections.The Court may, if it thinks fit, and shall, on the application of the prosecution or of the accused, summon and examine such Magistrate as to the subject matter of the said report.
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - B - Commissions for the examination of witnesses
Section 292 – Evidence of officers of the Mint
Any document purporting to be a report under the hand of any such officer of any Mint or of any Note Printing Press or of any Security Printing Press (including the officer of the Controller of Stamps and Stationery) or of any Forensic Department or Division of Forensic Science Laboratory or any Government Examiner of Questioned Documents or any State Examiner of Questioned Documents, as the case may be as the Central Government may, by notification, specify in this behalf, upon any matter or thing duly submitted to him for examination and report in the course of any proceeding under this Code, may be used as evidence in any inquiry, trial or other proceeding under this Code, although such officer is not called as a witness.The Court may, if it thinks fit, summon and examine any such officer as to the subject-matter of this report:Provided that no such officer shall be summoned to produce any records on which the report is based.Without prejudice to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872) no such officer shall,except with the permission of the General Manager or any officer in charge of any Mint or of any Note Printing Press or of any Security Printing Press or of any Forensic Department or any officer in charge of the Forensic Science Laboratory or of the Government Examiner of Questioned Documents Organisation or of the State Examiner of Questioned Documents Organisation, as the case may be, be permitted-to give any evidence derived from any unpublished official records on which the report is based; orto disclose the nature or particulars of any test applied by him in the course of the examination of the matter or thing.