302. Power to require attendance of prisoners.
(1) Whenever, in the course of an inquiry, trial or other proceeding under this Sanhita, it appears to a Criminal Court that—
- a person confined or detained in a prison should be brought before the Court for answering to a charge of an offence, or for the purpose of any proceedings against him, or
- it is necessary for the ends of justice to examine such person as a witness,
the Court may make an order requiring the officer in charge of the prison to produce such person before the Court at the time mentioned in such order.
(2) Such order shall not be made by a Magistrate of the second class unless such order is countersigned by the Chief Judicial Magistrate to whom such Magistrate is subordinate.
(3) Every order submitted for countersigning under sub-section (2) shall be accompanied by a statement of the facts which, in the opinion of the Magistrate, render the order necessary, and the Chief Judicial Magistrate to whom it is submitted may, after considering such statement, decline to countersign the order.