Act Number: 2

Act Name: The Code of Criminal Procedure, 1973

Year: 1974

Enactment Date: 1974-01-25

Long Title: An Act to consolidate and amend the law relating to Criminal Procedure.

Ministry: Ministry of Home Affairs

Department: Department of Internal Security

Section 269: Officer in charge of prison to abstain from carrying out order in certain contingencies.
    Where the person in respect of whom an order is made under section 267
        (a) is by reason of sickness or infirmity unfit to be removed from the prison; 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 section 268 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:
    Provided that where the attendance of such person is required for giving evidence at a place not more than twenty-five kilometres distance from the prison, the officer in charge of the prison shall not so abstain for the reason mentioned in clause (b).
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