Order XVI-A Rule 5 CPC - Officer in charge of prison to abstain from carrying out order in certain cases

Order 16-A Rule 5 of Code of Civil Procedure 1908 - 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.