ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR ANSWERING TO CHARGE OF OFFENCE

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 the 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.................. on the.............. day of....................20............... 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 ..................., 20...

(Signature)

(Seal of the Court)

Countersigned.

(Signature)

(Seal)

An "Order Requiring Production in Court of a Person in Prison for Answering to a Charge of Offense" is a legal document used when an individual is in prison and needs to be brought before a court to answer charges or allegations against them. It's a procedural requirement to ensure the accused's right to a fair trial. Here's a brief guideline for drafting such an order and common mistakes to avoid:

Heading: Start with the court's name, case details, and parties' names.

Introduction: Clearly state the purpose of the order, which is to require the prison authorities to produce the accused in court to answer the charges.

Accused Details: Specify the accused person's name, prison location, and the charges or offenses they are to answer.

Reasons for the Order: Explain the necessity of the accused's presence in court for a fair trial, emphasizing their legal rights.

Prayer for Relief: Request the court to issue the order requiring the accused's production in court.

Common Mistakes to Avoid:

Inadequate Information: Ensure all facts and details are correct to prevent inaccuracies that could hinder the accused's appearance.

Failure to Serve Notice: Notify the prison authorities about the order and its requirements to guarantee the accused's appearance in court.

Procedural Errors: Adhere to the specific court rules and procedures for issuing such orders.

Lack of Clarity: Use clear and unambiguous language to prevent any misinterpretation or confusion.

Failure to Include Legal Provisions: Verify that the order complies with the relevant legal provisions and court regulations.

A well-drafted Order Requiring Production in Court ensures that accused individuals have the opportunity to answer charges and defend themselves in a fair and transparent legal process. Avoiding common mistakes ensures the order's legal validity and the accused's due process rights.