722. Escort of prisoners required to give evidence in Civil and Criminal Courts.
- The following rules have been made by the Provincial Government under sections 42 and 51 of the Prisoners Act (III of 1900) vide Calcutta Gazette, dated the 17th October, 1900 :-(i)On receipt of an order issued by a Court of competent authority under Part IX of Act III of 1900, the officer-in-charge of the jail shall make a requisition on the Superintendent of Police for an escort, and the Superintendent, shall supply such escort in conformity with the ordinary rules of his department.(ii)The officer-in-charge of such escort shall, in like maimer, be guided by the rules of the Police Department in the performance of his duty and in the treatment of the prisoners under his charge.(iii)All prisoners shall be taken to the Court before which their appearance is required by the most expeditious route. Prisoners under sentence for criminal offences shall ordinarily travel on foot; but civil prisoners who are desirous of obtaining and are willing to pay for, the indulgence may be provided with suitable means of conveyance. When a railway is available, all prisoners shall be conveyed by rail under charge of the police guard.(iv)The officer-in-charge of the jail shall make over to the officer-in-charge of the guard copies of the orders of the Court under which the prisoners are removed, together with a sum of money for their maintenance and road expenses.(v)The officer-in-charge of the guard shall give to the officer-in-charge of the jails a receipt for such prisoners as he may receive, with a statement of the clothing, etc., in each prisoner's possession, and a receipt for the amount of diet money or road expenses which has been advanced on their account. Advances required on account of the escort shall be made by the Superintendent of Police supplying it.(vi)Should there be a jail or lock-up at the place where the Court before which the prisoners have to appear is held, the officer-in-charge of the escort shall deliver the prisoners to the keeper of such jail or lock-up, and shall not be responsible for their custody while they are in such Jail or lock-up, but shall only be responsible for their custody while escorting them thereto and from such jail or lock-up to the place where the Court is held.(vii)On the completion of the duty for which the escort was detailed, the Superintendent of Police supplying it shall, if the presence of the prisoner was required in any civil matter, submit a bill to the Court from which the requisition proceeded for the cost of the guard as fixed by the scale in Appendix XL and for the actual expenditure incurred by them on account of carriage by land or water if the journey is not performed entirely on foot, plus 10 per cent., for contingencies. A separate bill shall also be forwarded by the Superintendent of Police for the diet and travelling expenses of the prisoner or prisoners. To enable him to do so. the officer-in-charge of the jail from which the prisoner was transferred shall furnish him with an account of the expenses incurred.(viii)All sums received in payment of these bills shall at once be paid into the treason of the district from which the escort started, for credit to the provincial revenues as a receipt, either to the Police or Jail Department, according as the amount is paid on account of the escort or the prisoners.
