Power of State Government to exclude certain persons from the operation of rule 2
Attendance of witnesses confined or detained in prisons, in the First Schedule to The Code of Civil Procedure, 1908
1[4. Power of State Government to exclude certain persons from the operation of rule 2.-- (1) The State Government may, at any time, having regard to the matters specified in sub-rule (2), by general or special order, direct that any person or class of persons shall not be removed from the prison in which he or they may be confined or detained, and thereupon, so long as the order remains in force, no order made under rule 2, whether before or after the date of the order made by the State Government, shall have effect in respect of such person or class of persons.
(2) Before making an order under sub-rule (1), the State Government shall have regard to the following matters, namely:--
(a) the nature of the offence for which, or the grounds on which, the person or class of persons have been ordered to be confined or detained in prison;
(b) the likelihood of the disturbance of public order if the person or class of persons is allowed to be removed from the prison; and
(c) the public interest, generally.]
1. Ins. by s. 67, ibid. (w.e.f. 1-2-1977).
How this Rule is cited
It is written both ways, and both mean this Rule: Order XVI-A Rule 4 CPC and Order 16 Rule 4 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 16 Rule 4 CPC, Order XVI-A Rule 4 CPC. Each opens the full-text search over every order eCourtsIndia holds.
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. This page is not a substitute for legal advice.