Section 78(1) in The West Bengal Correctional Services Act, 1992
(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.
