A civil court orders production of a prisoner as a witness. Which certificate requires the officer in…
If the medical officer attached to the prison certifies that sickness or infirmity makes the prisoner unfit for removal, the officer in charge must abstain and send the…
Choose your answer
A civil court orders production of a prisoner as a witness. Which certificate requires the officer in charge to abstain under Order XVI-A rule 5(a) of the Code of Civil Procedure, 1908?
Answer and explanation
Correct answer D
If the medical officer attached to the prison certifies that sickness or infirmity makes the prisoner unfit for removal, the officer in charge must abstain and send the court a statement of reasons.
Option feedback
Option A
Administrative inconvenience does not satisfy rule 5(a).
Option B
The medical certification must establish unfitness for removal.
Option C
A preference about attendance does not establish the statutory medical condition.
Option D
This is the certificate required by rule 5(a). The officer must send the court the reasons for abstaining.
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