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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 3 CPC: Expenses to be paid into Court

Bare Act text

3. Expenses to be paid into Court.—(1) Before making any order under rule 2, the Court shall require the party at whose instance or for whose benefit the order is to be issued, to pay into Court such sum of money as appears to the Court to be sufficient to defray the expenses of the execution of the order, including the travelling and other expenses of the escort provided for the witness.

(2) Where the Court is subordinate to a High Court, regard shall be had, in fixing the scale of such expenses, to any rules made by the High Court in that behalf.

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

Before making an order under rule 2, the Court must require the party at whose instance or for whose benefit the order is to be issued to pay into Court a sum sufficient to defray the expenses of carrying out the order, including the travelling and other expenses of the escort provided for the witness. Where the Court is subordinate to a High Court, regard is had to any rules made by the High Court on the scale of expenses.

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