Section 302 BNSS: Power to require attendance of prisoners (Formerly Section 267 CrPC)

Section 302 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power to require attendance of prisoners

Official Bare Act Text

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

(1) Whenever, in the course of an inquiry, trial or proceeding under this Sanhita, it appears to a Criminal Court,—

(a) 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

(b) that 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 answering to the charge or for the purpose of such proceeding or for giving evidence.

(2) Where an order under sub-section (1) is made by a Magistrate of the second class, it shall not be forwarded to, or acted upon by, the officer in charge of the prison unless it 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.

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 302

Section 302 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 267 of the CrPC, 1973) empowers criminal courts to require the attendance of prisoners confined in jail for answering charges or for giving evidence.

Grounds for Order: Issued when a person is confined in prison and required to answer a charge of an offence, or for the purpose of any proceedings against them, or to give evidence as a witness.
Form of Order: The Court makes an order addressed to the officer in charge of the prison requiring production in Court or through audio-video electronic means.
Audio-Video Presentation Mandate: BNSS incorporates explicit provisions enabling virtual attendance through audio-video electronic means as a full equivalent to physical production.

Key Landmark Precedents:

State of Maharashtra v. Dr. Praful B. Desai, (2003) 4 SCC 601: The Supreme Court recognized virtual appearance via video conferencing as satisfying procedural mandates of presence during criminal proceedings.
Kavita v. State (NCT of Delhi), (2000) 6 SCC 289: Emphasized that issuance of production warrants under Section 267 CrPC (now Section 302 BNSS) is a judicial function requiring application of mind to the relevance of the prisoner's presence.

Courtroom Practice & Strategic Litigation Guidance:

When seeking custody of an undertrial detained in another district jail, apply for a production warrant under Section 302 with a specific request for audio-video examination to prevent endless logistical delays.