Chapter XXII
Section 267 CrPC: Power to require attendance of prisoners
New Law Update (2024)
Section 315 BNSS
TRIAL COURT
Any Criminal Court, including Magistrates
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) Whenever, in the course of an inquiry, trial or other proceeding under this Code, it appears to a Criminal Court—
(a) 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, or
(b) that 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.
(2) 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.
(3) 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.
Important Sub-Sections Explained
Section 267(1)
This sub-section empowers any Criminal Court to order the production of a person confined in prison. This can be for the purpose of answering a criminal charge, participating in ongoing proceedings against them, or to be examined as a witness if the court believes it’s essential for a fair trial.
Section 267(2)
It stipulates a crucial safeguard: if a Second Class Magistrate issues an order for a prisoner’s production, it is only valid and actionable if countersigned by the Chief Judicial Magistrate to whom that Second Class Magistrate is subordinate. This ensures oversight for orders issued by junior magistrates.
Landmark Judgements
Ramdas v. State of Maharashtra (2005):
The Bombay High Court held that the power under Section 267 CrPC is discretionary, enabling a Criminal Court to secure the presence of a confined person for specific purposes, such as answering a charge, attending proceedings, or giving evidence. It emphasized that this provision is not a blanket right for the prisoner to be present in all related matters.
Brijesh Kumar vs. State of U.P. (2018):
The Allahabad High Court clarified that Section 267 CrPC empowers the Court to direct the production of any person confined in prison, not just an accused. This includes witnesses, if their examination is deemed necessary for the ends of justice during an inquiry, trial, or other proceedings.
Draft Format / Application
IN THE COURT OF THE [Designation of Court, e.g., CHIEF JUDICIAL MAGISTRATE/SESSIONS JUDGE] AT [City]
Criminal Case No. [XXXX] of [Year]
IN RE:
[Prosecution/Complainant Name]
… Applicant/Complainant
VERSUS
[Accused Name(s)]
… Accused(s)
APPLICATION UNDER SECTION 267 OF THE CODE OF CRIMINAL PROCEDURE, 1973
FOR PRODUCTION OF PRISONER/WITNESS
MOST RESPECTFULLY SHOWETH:
1. That the above-mentioned case is presently pending before this Hon’ble Court and is fixed for [Date of next hearing] for [Purpose of next hearing, e.g., recording of evidence/further arguments].
2. That one [Name of Prisoner/Witness], son of [Father’s Name], aged about [Age] years, resident of [Address], is presently confined/detained in [Name of Prison, e.g., Central Jail, Tihar, Delhi] in connection with [Case/FIR details, if known, or state ‘another case/proceeding’].
3. That the presence of the said [Name of Prisoner/Witness] is absolutely necessary for the fair and just disposal of the present case for the following reasons:
[Choose one or more and elaborate]
a) To answer to a charge of an offence in the present proceedings (if the prisoner is an accused in this case).
b) For the purpose of other proceedings against him/her (e.g., identification, framing of charge, etc.).
c) To examine him/her as a witness in the present case, as he/she is a material witness and has crucial information/evidence to depose regarding [Briefly state what the witness will depose]. The ends of justice require his/her examination.
4. That the applicant verily believes that the said [Name of Prisoner/Witness] is capable of providing material evidence/information vital for the adjudication of the present matter, and his/her non-production would cause prejudice and would be detrimental to the ends of justice.
5. That this application is made in good faith and in the interest of justice.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:
a) Issue an order under Section 267 of the Code of Criminal Procedure, 1973, requiring the Officer-in-Charge of [Name of Prison, e.g., Central Jail, Tihar, Delhi] to produce the aforesaid [Name of Prisoner/Witness] before this Hon’ble Court on [Date] or any other date as may be fixed by this Hon’ble Court.
b) Pass any other order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
Date: [Date]
Place: [City]
[Signature of Applicant/Advocate]
[Name of Applicant/Advocate]
[Designation, e.g., Advocate for the Complainant/Prosecution/Accused]
[Optional: AFFIDAVIT IN SUPPORT OF THE APPLICATION]
IN THE COURT OF THE [Designation of Court, e.g., CHIEF JUDICIAL MAGISTRATE] AT [City]
Criminal Case No. [XXXX] of [Year]
AFFIDAVIT
I, [Deponent Name], son of [Father’s Name], aged about [Age] years, resident of [Address], do hereby solemnly affirm and declare as under:
1. That I am the Applicant/Accused/Complainant in the above-mentioned case and am well conversant with the facts and circumstances of the case.
2. That the accompanying application under Section 267 CrPC has been drafted under my instructions and the contents thereof are true and correct to the best of my knowledge and belief.
3. That I have not suppressed any material fact from this Hon’ble Court.
DEPONENT
VERIFICATION:
Verified at [City] on this [Day] day of [Month], [Year] that the contents of the above affidavit are true and correct to my knowledge and belief, and nothing material has been concealed therefrom.
DEPONENT