Chapter XXII
Section 269 CrPC: Officer in charge of prison to abstain from carrying out order in certain contingencies
New Law Update (2024)
Section 314 BNSS
TRIAL COURT
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
If a person required to be brought before a Court by an order under section 267 –
(1) is by reason of sickness or infirmity unfit to be removed from the prison; or
(2) is under committal for trial or under remand pending trial or pending a preliminary investigation; or
(3) 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
(4) 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 kilometers distance from the prison, the officer in charge of the prison shall not so abstain for the reason mentioned in clause (2).
Important Sub-Sections Explained
Main Conditions for Abstention
Section 269 empowers a prison officer to abstain from producing a prisoner in court under specific circumstances, such as if the prisoner is medically unfit, is under committal or remand for trial, or is subject to a State Government order restricting their movement.
Proviso regarding nearby evidence
An important exception is that the officer cannot abstain solely on the ground of the prisoner being under committal or remand if their attendance is required for giving evidence within a twenty-five-kilometer radius of the prison.