Section 267 of CrPC : Section 267: Power To Require Attendance Of Prisoners

Explanation using Example

Imagine a scenario where a person named John is currently serving a sentence in prison. During his imprisonment, new evidence surfaces linking him to a separate unsolved burglary case. The police, after a thorough investigation, charge John with this new offence. As John is already in prison, the court, under Section 267(1)(a) of The Code of Criminal Procedure, 1973, issues an order for the prison officer to bring John to court to answer to the new charge.

In another instance, let's say there is a trial ongoing for a major fraud case. A witness named Alice, who is crucial to the case, is also serving a sentence in prison for an unrelated crime. The prosecution believes that Alice's testimony is vital for securing a conviction. Therefore, under Section 267(1)(b), the court orders the prison officer to produce Alice before the court to testify as a witness in the fraud trial.

If the order to produce John or Alice is made by a second-class Magistrate, it would need to be countersigned by the Chief Judicial Magistrate as per Section 267(2) to be valid. The Magistrate must provide a statement of facts explaining why the production of the prisoner is necessary, which the Chief Judicial Magistrate will review and can decline to countersign if not convinced of the necessity as per Section 267(3).

In Jharkhand, due to the state amendment, the court can also order that John or Alice be made available to appear via electronic video linkage instead of being physically brought to the court, which can save time and resources while ensuring the administration of justice.