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BNSS, 2023
Start Practicing
BNSSChapter XXIVSection 305
Section305

Prisoner to be brought to Court in custody

AI Assist

Summary

When a court order requires a prisoner's attendance and any required countersignature is completed, the prison officer must bring the named prisoner to the court at the time stated. The prisoner must be kept in custody at or near the court until examined or until the court authorises return to the prison.

Example

Priya is serving a sentence in a district prison when a lower court issues an order requiring her presence for a medical check. After the necessary countersignature, the prison officer brings Priya to the court at the stated time and keeps her in custody near the court until she is examined or the court permits her return to prison.

Bare Act

Enacted text

Subject to the provisions of section 304, the officer in charge of the prison shall, upon delivery of an order made under sub-section (1) of section 302 and duly countersigned, where necessary, under sub-section (2) thereof, cause the person named in the order to be taken to the Court in which his attendance is required, so as to be present there at the time mentioned in the order, and shall cause him to be kept in custody in or near the Court until he has been examined or until the Court authorises him to be taken back to the prison in which he was confined or detained.

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XXIV

Chapter XXIV

Attendance of Persons Confined or Detained in Prisons

In this chapter

  • 301Definitions
  • 302Power to require attendance of prisoners
  • 303Power of State Government or Central Government to exclude certain persons from operation of section 302
  • 304Officer in charge of prison to abstain from carrying out order in certain contingencies
  • 305Prisoner to be brought to Court in custody
  • 306Power to issue commission for examination of witness in prison
Previous · Section 304Officer in charge of prison to abstain from carrying out order in certain contingenciesNext · Section 306Power to issue commission for examination of witness in prison