Section 3. Power of courts to require appearance of prisoners to give evidence or answer a charge
(1) Any civil or criminal court may, if it thinks that the evidence of any person confined in any prison is material in any matter pending before it, make an order in the form set forth in the First Schedule, directed to the officer in charge of the prison:
Provided that no civil court shall make an order under this sub-section in respect of a person confined in a prison situated outside the State in which the court is held.
(2) Any criminal court may, if a charge of an offence against a person confined in any prison is made or pending before it, make an order in the form set forth in the Second Schedule, directed to the officer in charge of the prison.
(3) No order made under this section by a civil court which is subordinate to a district judge shall have effect unless it is countersigned by the district judge; and no order made under this section by a criminal court which is inferior to the court of a magistrate of the first class shall have effect unless it is countersigned by the district magistrate to whom that court is subordinate or within the local limits of whose jurisdiction that court is situate.
(4) For the purposes of sub-section (3), a court of small causes outside a presidency town or the city of Hyderabad shall be deemed to be subordinate to the district judge within the local limits of whose jurisdiction such court is situate.
Judgements applying section 3
CHHATTISGARH, BILASPUR Cr.M.P.No.635 of 2016 State of Chhattisgarh, Through Station House Officer, Police Station Kurud, District Dhamtari, Chhattisgarh ---- Applicant Versus Smt. Savita Sahu W/o. Late Manharan Sahu, aged about 28 years, R/
DisposedOpenHIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 19024 of 2008(M) -------------------------- OS.109/2007 of MUNSIFF COURT, HOSDRUG .......
DisposedOpen- DismissedOpen