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Code of Civil Procedure, 1908 · Order XVI-A: Attendance Of Witnesses Confined Or Detained In Prisons

Order XVI-A Rule 7 CPC: Power to issue commission for examination of witness in prison

Bare Act text

7. Power to issue commission for examination of witness in prison.—(1) Where it appears to the Court that the evidence of a person confined or detained in a prison, whether within the State or elsewhere in India, is material in a suit but the attendance of such person cannot be secured under the preceding provisions of this Order, the Court may issue a commission for the examination of that person in the prison in which he is confined or detained.

(2) The provisions of Order XXVI shall, so far may be, apply in relation to the examination on commission of such person in prison as they apply in relation to the examination on commission of any other person.]

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

Where the evidence of a person confined or detained in a prison, whether within the State or elsewhere in India, is material but his attendance cannot be secured under the preceding provisions of the Order, the Court may issue a commission for examining him in the prison. The provisions of Order XXVI apply, so far as may be, to such an examination on commission as to the examination on commission of any other person.

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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