Description

A Criminal Court may issue an order if:

1. The person is required to answer a charge or take part in proceedings against them.
2. The person's presence is necessary for the ends of justice, such as being examined as a witness in a case.

Who issues the order?

• Any Criminal Court can order the officer in charge of a prison to produce the detained person for the required purpose.

Special Rule for Magistrates of the Second Class

• If a Magistrate of the second class issues the order, it must be countersigned by the Chief Judicial Magistrate (CJM) before it is forwarded to the prison officer.
• The order must be accompanied by a statement of reasons justifying the necessity of bringing the person before the Court.
• The CJM has the discretion to decline countersigning the order if they find the reasons insufficient.

Key Takeaways

• Ensures that detained persons can participate in legal proceedings when necessary.
• Prevents misuse of authority by requiring CJM approval for orders from a second-class Magistrate.
• Allows detained persons to be examined as witnesses, ensuring justice is served even if they are in custody.