Amendment status not verified — confirm the current text below against the official source.
Subs. by s. 35, ibid, for “(See sections 248 and 355)” (w.e.f. 18-12-1978). 212 FORM No. 35 WARRANT OF IMPRISONMENT ON FAILURE TO PAY COMPENSATION (See section 250) To the Officer in charge of Jail at WHEREAS (name and description) has brought against (name and description of the accused person) the complaint that (mention it concisely) and the same has been dismissed on the ground that there was no reasonable ground for making the accusation against the said (name) and the order of dismissal awards payment by the said (name of complainant) of the sum of rupees as compensation; and whereas the said sum has not been paid and an order has been made for his simple imprisonment in Jail for the period of days, unless the aforesaid sum be sooner paid; This is to authorise and require you to receive the said (name) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of (term of imprisonment), subject to the provisions of section 69 of the Indian Penal Code, unless the said sum be sooner paid, and on the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of its execution. Dated, this day of ,19 . (Seal of the Court) (Signature) _____________ FORM No. 36 ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR ANSWERING TO CHARGE OF OFFENCE (See section 267) To the Officer in charge of Jail at WHEREAS the attendance of (name of prisoner) at present confined/detained in the above-mentioned prison, is required in this Court to answer to a charge of (state shortly the offence charged) or for the purpose of a proceeding (state shortly the particulars of the proceeding); You are hereby required to produce the said under safe and sure conduct before this Court at on the day of , 19 , by A.M. there to answer to the said charge, or for the purpose of the said proceeding, and after this Court has dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the said prison. And you are further required to inform the said of the contents of this order and deliver to him the attached copy thereof. Dated, this day of ,19 . (Seal of the Court) (Signature) Countersigned. (Seal) (Signature) ____________ 213 FORM No. 37 ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR GIVING EVIDENCE (See section 267) To the Officer in charge of the Jail at WHEREAS complaint has been made before this Court that (name of the accused) of has committed the offence of (state offence concisely with time and place) and it appears that (name of prisoner) at present confined/detained in the above-mentioned prison, is likely to give material evidence for the prosecution/defence; You are hereby required to produce the said under safe and sure conduct before this Court at on the day of , 19 , by A.M. there to give evidence in the matter now pending before this Court, and after this Court has dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the said prison; And you are further required to inform the said of the contents of this order and deliver to him the attached copy thereof. Dated, this day of , 19 . (Seal of the Court) (Signature) Countersigned. (Seal) (Signature) _____________ FORM No. 38 WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT WHEN A FINE IS IMPOSED (See section 345) To the Officer in charge of the Jail at WHEREAS at a Court held before me on this day (name and description of the offender) in the presence (or view) of the Court committed wilful contempt; And whereas for such contempt the said (name of the offender) has been adjudged by the Court to pay a fine of rupees , or in default to suffer simple imprisonment for the period of (state the number of months or days); This is to authorise and require you to receive the said (name of the offender) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of (term of imprisonment), unless the said fine be sooner paid; and, on the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of its execution. Dated, this day of ,19 . (Seal of the Court) (Signature) _____________ 214 FORM No. 39 MAGISTRATE’S OR JUDGE’S WARRANT OF COMMITMENT OF WITNESS REFUSING TO ANSWER OR TO PRODUCE DOCUMENT (See section 349) To (name and designation of officer of Court) WHEREAS (name and description), being summoned (or brought before this Court) as a witness and this day required to give evidence on an inquiry into an alleged offence, refused to answer a certain question (or certain questions) put to him touching the said alleged offence, and duly recorded, or having been called upon to produce any document has refused to produce such document, without alleging any just excuse for such refusal, and for his refusal has been ordered to be detained in custody for (term of detention adjudged); This is to authorise and require you to take the said (name) into custody, and him safely to keep in your custody for the period of days, unless in the meantime he shall consent to be examined and to answer the questions asked of him, or to produce the document called for from him, and on the last of the said days, or forthwith on such consent being known, to bring him before this Court to be dealt with according to law, returning this warrant with an endorsement certifying the manner of its execution. Dated, this day of ,19 . (Seal of the Court) (Signature) _____________ FORM No. 40 WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH (See section 366) To the Officer in charge of the Jail at WHEREAS at the Session held before me on the day of , 19 , (name of prisoner), the (1st, 2nd, 3rd, as the case may be), prisoner in case No. of the Calendar for 19 at the said Session, was duly convicted of the offence of culpable homicide amounting to murder under section of the Indian Penal Code, and sentenced to death, subject to the confirmation of the said sentence by the Court of ; This is to authorise and require you to receive the said (prisoner’s name) into your custody in the said Jail, together with this warrant, and him there safely to keep until you shall receive the further warrant or order of this Court, carrying into effect the order of the said Court. Dated, this day of , 19 . (Seal of the Court) (Signature) _____________ 215 FORM No. 41 WARRANT AFTER A COMMUTATION OF A SENTENCE 1[(See sections 386, 413 and 416)] To the Officer in charge of the Jail at WHEREAS at a Session held on the day of , 19 , (name of the prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. of the Calendar for 19 at the said Session, was convicted of the offence of , punishable under section of the Indian Penal Code, and sentenced to , and was thereupon committed to your custody; and whereas by the order of the Court of (a duplicate of which is hereunto annexed) the punishment adjudged by the said sentence has been commuted to the punishment of imprisonment for life; This is to authorise and require you safely to keep the said (prisoner’s name) in your custody in the said Jail, as by law is required, until he shall be delivered over by you to the proper authority and custody for the purpose of his undergoing the punishment of imprisonment for life under the said order, or if the mitigated sentence is one of imprisonment, say, after the words “custody in the said Jail”, “and there to carry into execution the punishment of imprisonment under the said order according to law”. Dated, this day of ,19 . (Seal of the Court) (Signature) _____________ FORM No. 42 WARRANT OF EXECUTION OF A SENTENCE OF DEATH 2[(See sections 413 and 414)] To the Officer in charge of the Jail at WHEREAS (name of the prisoner), the (1st, 2nd, 3rd, as the case may be) Prisoner in case No. of the Calendar for 19 at the Session held before me on the day of , 19 , has been by a warrant of the Court, dated the day of , committed to your custody under sentence of death; and whereas the order of the High Court at confirming the said sentence has been received by this Court; This is to authorise and require you to carry the said sentence into execution by causing the said to be hanged by the neck until he be dead, at (time and place of execution), and to return this warrant to the Court with an endorsement certifying that the sentence has been executed. Dated, this day of , 19 . (Seal of the Court) (Signature) _____________