Crises/Problems lead to Innovations. Let us therefore exploit them. On the evening of 29th March 1998 (Telugu New Year Day “ Ugadi ”) at about 5:00 pm, 72 prisoners – mostly inter state dacoits – escaped from Nizamabad District Jail . Prisoners [Attendance In Courts] Act,1955 .
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Let us therefore exploit them
On the evening of 29th March 1998 (Telugu New Year Day “Ugadi”) at about 5:00 pm, 72 prisoners – mostly inter state dacoits – escaped from Nizamabad District Jail.
As per Section 3(2) of this Act:
“ Any criminal court may, if a charge of an offence against a person confined in any prison is made or pending before it, make an order directed to the officer-in-charge of the prison
to require the appearance of prisoner to answer the charge.
As per section 167(2)(b) of the “Code of Criminal Procedure” no Magistrate shall authorise detention in any custody under this section beyond the period of fifteen days, unless the accused is produced before him.
In Section 167, in sub section(2) –
In clause(b),add the following at the end, namely:
“either in person or through the medium of electronic video linkage”
[ACT No. 5 OF 2009]*
[7th January, 2009.]
14. Amendment of section 167. — In section 167 of the principal Act, in sub-section (2),—
(a) in the proviso,—
(i) for clause (b), the following clause shall be substituted, namely:—
“(b) no Magistrate shall authorise detention of the accused in custody of the police under this section unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the medium of electronic video linkage;”;