Section 78 in The West Bengal Correctional Services Act, 1992
78. Issue of Commission for examination of prisoners in correctional home.—
(1)Where it appears to a civil Court that—(a)the attendance of any prisoner cannot be secured by virtue of the provisions of sub-section (4) of section 77, or(b)the evidence of any prisoner confined in a correctional home situated outside West Bengal or beyond 80 kilometers from such Court is material in any matter pending before such Court, it may, if it think fit, issue a Commission under the provisions of the Code of Civil Procedure, 1908 (5 of 1908), for examination of such prisoner inside such correctional home.(2)When a Commission has been issued under sub-section (1) for examination of a prisoner inside of correctional home, the provisions of the Code of Civil Procedure, 1908, or the Code of Criminal Procedure, 1973 (2 of 1974) as the case may be, shall apply in relation to such examination, and the Superintendent shall give the facilities to the Commissioner and the lawyers representing the parties to the cause of action to perform their duties and discharge their functions according to law.
