Section 77 in The West Bengal Correctional Services Act, 1992
77. Prisoners’ attendance in Courts.—
(1)Any Court exercising civil or criminal jurisdiction may, if it thinks that the evidence of any prisoner confined in a correctional home is material in any matter pending before it, make an order directing the Superintendent of the correctional home to produce such person before such Court on the date and at the time specified in the order, and the Superintendent shall comply with such order.(2)Any Court exercising criminal jurisdiction may, if it thinks that the attendance of any person confined in a correctional home against whom a charge of an offence has been made or is pending before the said Court for disposal, make an order directing the Superintendent of the correctional home to produce such person before such Court on the date and at the time specified in the order, and the Superintendent shall comply with such order.(3)Where a Court making an order under sub-section (1) or sub-section (2), as the case may be, sits in a district different from the district in which the correctional home is situated, the said order shall be sent to the Superintendent concerned through the Inspector General of Correctional Services.(4)If the person for whose attendance an order has been made under sub-section (1) of sub-section (2), as the case may be,—(a)is certified by the Medical Officer to be unfit to undertake the journey to attend such Court, or(b)is undergoing a trial before any other court and is required to be produced before that Court on the same date, the Superintendent shall intimate the Court accordingly.(5)When a prisoner is required to be produced under sub-section (1) or sub-section (2) before a Court situated outside the jurisdiction of the Chief Metropolitan Magistrate, the Superintendent of police of the district shall make adequate arrangement for police escort for transmission of the prisoner from the correctional home to the Court and vice versa.(6)When a prisoner is required to be produced under sub-section (1) or sub-section (2) before a Court situated within the jurisdiction of the Chief Metropolitan Magistrate, the concerned Deputy Commissioner of Police, Calcutta, shall make adequate arrangement for police escort for transmission of the prisoner to the Court and vice versa.
