Order XVI-A Rule 6 CPC - Prisoner to Be Brought to Court in Custody
Order XVI-A Rule 6 of the Code of Civil Procedure, 1908 governs the production of a prisoner before a civil court as a witness, the prison officer's responsibility for custody, and the prisoner's return after examination or on the court's authorisation.
Text of Order XVI-A Rule 6 CPC
6. Prisoner to be brought to Court in custody
In any other case, the officer in charge of the prison shall, upon delivery of the Court's order, cause the person named therein to be taken to the Court so as to be present at the time mentioned in such order, and shall cause him to be kept in custody in or near the Court until he has been examined or until the Court authorises him to be taken back to the prison in which he is confined or detained.
Source: Code of Civil Procedure, 1908 - official India Code text (PDF). The application of the provision may be affected by applicable local amendments and court rules.
Meaning and legal effect of Rule 6
The rule applies when a civil court has made an order for the production of a confined or detained person under Order XVI-A Rule 2 and none of the grounds requiring non-compliance under Rule 5 applies. It imposes a duty on the officer in charge of the prison to arrange production of the person named in the court's order.
Responsibilities of the prison officer
- Act on delivery of the court order: Arrange for the person specifically named in the order to be brought before the court.
- Ensure timely attendance: Produce the prisoner at the time specified by the court.
- Maintain custody: Keep the prisoner in custody in or near the court while the examination is pending.
- Return on completion or authorisation: The prisoner remains in custody until examined or until the court authorises the return to the prison.
Does court attendance mean release from custody?
No. Production for giving evidence does not itself amount to bail, discharge or release. Rule 6 expressly requires continued custody in or near the court. Any separate question of release is governed by the applicable law and competent judicial orders.
How Rule 6 connects with the other rules
Rule 1 defines relevant terms, including detention and prison. Rule 2 permits a court to require attendance where the evidence is material to a suit, subject to its conditions. Rule 3 concerns advance payment of expenses. Rule 4 allows specified State Government exclusions, while Rule 5 identifies circumstances in which the prison officer must abstain from complying and report reasons to the court.
Where attendance cannot be secured under the preceding provisions, Rule 7 permits the court to issue a commission for examination of the witness in prison, with Order XXVI applying so far as appropriate.
Practical example
If a prisoner has material evidence in a civil property dispute and the court issues a valid production order, the prison authorities must arrange the prisoner's attendance at the specified time unless a statutory ground for abstention applies. The prisoner is escorted and remains in custody at or near the court until examined or until the court authorises return.
Frequently asked questions
Can a prisoner testify in a civil case?
Yes. Order XVI-A provides a procedure for obtaining evidence from persons confined or detained in prison, subject to statutory conditions.
Who is responsible for bringing the prisoner to court?
Under Rule 6, the officer in charge of the prison must arrange production following delivery of the court's order, unless an applicable exception prevents compliance.
Can a prisoner be examined without being brought to court?
Yes. In appropriate circumstances, the court may issue a commission under Rule 7 for examination in prison.