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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 4 CPC: Power of State Government to exclude certain persons from the operation of rule 2

Bare Act text

4. Power of State Government to exclude certain persons from the operation of rule 2.—(1) The State Government may, at any time, having regard to the matters specified in sub-rule (2), by general or special order, direct that any person or class of persons shall not be removed from the prison in which he or they may be confined or detained, and thereupon, so long as the order remains in force, no order made under rule 2, whether before or after the date of the order made by the State Government, shall have effect in respect of such person or class of persons.

(2) Before making an order under sub-rule (1), the State Government shall have regard to the following matters, namely:—

(a) the nature of the offence for which, or the grounds on which, the person or class of persons have been ordered to be confined or detained in prison;

(b) the likelihood of the disturbance of public order if the person or class of persons is allowed to be removed from the prison; and

(c) the public interest, generally.

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

The State Government may at any time, by general or special order, direct that a person or class of persons shall not be removed from the prison where confined or detained. While the order is in force, no order under rule 2 has effect for them, whether made before or after the State Government's order. Before making it, the State Government must have regard to the nature of the offence or grounds of confinement, the likelihood of disturbance of public order if removal is allowed, and the public interest generally.

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
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