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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 5 CPC: Officer in charge of prison to abstain from carrying out order in certain cases

Bare Act text

5. Officer in charge of prison to abstain from carrying out order in certain cases.—Where the person in respect of whom an order is made under rule 2—

(a) is certified by the medical officer attached to the prison as unfit to be removed from the prison by reason of sickness or infirmity; or

(b) is under committal for trial or under remand pending trial or pending a preliminary investigation; or

(c) 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

(d) is a person to whom an order made by the State Government under rule 4 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.

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 officer in charge of the prison must abstain from carrying out the Court's order under rule 2, and send the Court a statement of reasons, where the prisoner is certified by the prison medical officer as unfit to be removed because of sickness or infirmity. The same applies where he is committed or remanded for trial or pending a preliminary investigation, or is in custody for a period that would expire before the order could be complied with and he could be taken back, or is covered by a State Government order under rule 4.

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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