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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XVI-A: Attendance Of Witnesses Confined Or Detained In Prisons

Order XVI-A Rule 1 CPC: Definitions

Bare Act text

1. Definitions.—In this Order,—

(a) “detained” includes detained under any law providing for preventive detention;

(b) “prison” includes—

(i) any place which has been declared by the State Government, by general or special order, to be a subsidiary jail; and

(ii) any reformatory, borstal institution or other institution of a like nature.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

In Order XVI-A, detained includes detained under any law providing for preventive detention. Prison includes any place declared by the State Government, by general or special order, to be a subsidiary jail, and any reformatory, borstal institution or other institution of a like nature.

Order XVI-A: Attendance Of Witnesses Confined Or Detained In Prisons

  1. 1 Definitions
  2. 2 Power to require attendance of prisoners to give evidence
  3. 3 Expenses to be paid into Court
  4. 4 Power of State Government to exclude certain persons from the operation of rule 2
  5. 5 Officer in charge of prison to abstain from carrying out order in certain cases
  6. 6 Prisoner to be brought to Court in custody
  7. 7 Power to issue commission for examination of witness in prison