CrPC Section 269 — Officer in charge of prison to abstain from carrying out order in certain contingencies

Summary

Where a Court makes an order under section 267, the officer in charge of the prison must not carry it out if the person is unfit to be removed because of sickness or infirmity (clause (a)); is committed for trial or on remand pending trial or a preliminary investigation (clause (b)); is in custody for a period that would end before there is time to comply with the order and return the person to the prison (clause (c)); or is covered by a State Government order made under section 268 (clause (d)). The officer must send the Court a statement explaining the reasons for not carrying out its order. However, if the person is needed to give evidence at a place no more than twenty-five kilometres from the prison, the officer must not abstain on the ground in clause (b).

Official Text

Where the person in respect of whom an order is made under section 267—

(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 is required for giving evidence at a place not more than twenty-five kilometres distance from the prison, the officer in charge of the prison shall not so abstain for the reason mentioned in clause (b).

Sections referred to

• CrPC §267 — Power to require attendance of prisoners
• CrPC §268 — Power of State Government to exclude certain persons from operation of section 267

Referred to by

• CrPC §270 — Prisoner to be brought to Court in custody

Old <-> New Code Mapping

• BNSS §304 — Officer in charge of prison to abstain from carrying out order in certain contingencies