Section 301 BNSS: Definitions (Formerly Section 266 CrPC)

Section 301 of Bharatiya Nagarik Suraksha Sanhita, 2023: Definitions

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

In this Chapter,—

(a) "detained" includes detained under any law providing for preventive detention;

(b) "prison" includes,—

(i) any place which has been declared by the State Government, by general or special order, to be a subsidiary jail;

(ii) any reformatory, Borstal institution or other institution of a like nature.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 301

Section 301 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 266 of the CrPC, 1973) defines key terms for Chapter XXV regarding the attendance of persons confined or detained in prisons.

Definition of 'Detained in Prison': Includes persons confined in a prison under a sentence of imprisonment, or detained under lawful custody or preventive detention laws.
Definition of 'Prison': Encompasses any central, district, or special jail, borstal institution, or place declared as a prison by the State Government.
Statutory Context: Lays the definitional foundation for issuing production warrants and judicial orders to ensure prisoners are brought before courts.

Key Landmark Precedents:

Sunil Batra v. Delhi Administration, (1980) 3 SCC 488: The Supreme Court highlighted that prisoners remain persons clothed with constitutional rights under Articles 14, 19, and 21, and procedural definitions must protect their dignity.
State of Maharashtra v. Dr. Praful B. Desai, (2003) 4 SCC 601: Held that statutory provisions regarding prisoner attendance must be harmoniously read with modern electronic presentation technologies.

Courtroom Practice & Strategic Litigation Guidance:

In production warrant applications, ensure the precise custodial facility is named in accordance with statutory definitions to avoid jurisdictional delays between prison superintendents and courts.