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Order XVI-A Rule 3 CPC - Expenses to Be Paid into Court

Order XVI-A Rule 3 of the Code of Civil Procedure, 1908 governs the advance payment of expenses when a civil court proposes to require a person confined or detained in prison to attend court and give evidence. The rule addresses the cost of executing a production order, including the expenses of the escort accompanying the prisoner.

Statutory provision: Order XVI-A Rule 3

Rule 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.

Meaning and legal effect

Order XVI-A is the part of the First Schedule to the CPC dealing with the attendance of witnesses confined or detained in prisons. Rule 2 authorises a court, subject to its conditions, to require the production of a prisoner whose evidence is material in a civil suit. Rule 3 establishes the financial prerequisite for issuing that order.

The expression "party at whose instance or for whose benefit" identifies the litigating party for whom the production order is proposed. That party must deposit the amount fixed by the court before the order under Rule 2 is made. The amount is determined by the court and is not a uniform statutory fee.

What expenses must be deposited?

The required deposit must be sufficient, in the court's assessment, to meet the expenses of executing the order. The statute expressly includes the travelling and other expenses of the escort provided for the prisoner-witness. Other necessary execution expenses may also be taken into account, depending on the circumstances and applicable rules.

Rule 3 does not prescribe a fixed rupee amount or a nationwide rate. Under sub-rule (2), a court subordinate to a High Court must have regard to any relevant rules made by that High Court when fixing the scale of expenses.

How Rule 3 operates in practice

  1. A party seeks the evidence of a person confined or detained in prison.
  2. The court considers whether the person's evidence is material and whether a production order may be made under Order XVI-A Rule 2.
  3. Before making that order, the court assesses the sum needed to execute it, including escort-related expenses and applicable High Court scales.
  4. The party at whose instance or for whose benefit the order is proposed pays the assessed sum into court.
  5. The court may then proceed to consider issuing the production order, subject to the other applicable provisions of Order XVI-A.

Important: Payment of expenses does not by itself entitle a party to the prisoner's production. Rule 2 requires the evidence to be material; where the prison is more than 25 kilometres from the courthouse, the court must also be satisfied that examination on commission would not be adequate. Other restrictions under Order XVI-A may apply.

Rule 1 defines "detained" and "prison" for this Order. Rule 4 addresses State Government orders excluding certain prisoners from removal. Rule 5 specifies circumstances in which the officer in charge of the prison must abstain from carrying out a production order. Rule 6 concerns production in custody, and Rule 7 concerns examination of a witness in prison on commission.

Official statutory source

Read the Code of Civil Procedure, 1908 (India Code, official PDF), First Schedule, Order XVI-A. State amendments and applicable High Court rules should also be checked for proceedings in a particular jurisdiction.

Key takeaway

Order XVI-A Rule 3 requires advance payment into court of the amount considered sufficient for producing a prisoner-witness under Rule 2. The deposit covers the execution of the order, expressly including escort expenses, and the amount is determined with regard to applicable High Court rules.