Section 305 BNSS: Prisoner to be brought to Court in custody (Formerly Section 270 CrPC)

Section 305 of Bharatiya Nagarik Suraksha Sanhita, 2023: Prisoner to be brought to Court in custody

Official Bare Act Text

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

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.

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 305

Section 305 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 270 of the CrPC, 1973) governs the physical custody, transit, and safe custody of prisoners brought to court pursuant to a production order.

Duty of Jail Officer: The officer in charge of the prison shall cause the prisoner to be brought to Court in custody at the appointed time.
Maintenance of Safe Custody: The prisoner must be kept in safe custody in or near the Court until examined or until the Court directs return to prison.
Continuity of Lawful Custody: Transit custody under police escort constitutes lawful judicial custody, preventing unauthorized release or escape.

Key Landmark Precedents:

Prem Shankar Shukla v. Delhi Administration, (1980) 3 SCC 526: The Supreme Court laid down that handcuffing and fettering prisoners in transit to Court without prior judicial authorization violates Article 21.
Citizen for Democracy v. State of Assam, (1995) 3 SCC 743: Reiterated that escort personnel cannot routinely handcuff undertrials during Court transit unless there is credible evidence of violence or escape risk.

Courtroom Practice & Strategic Litigation Guidance:

If undertrials are brought to court in routine handcuffs or chains without judicial permission, raise immediate oral objection and file an application under Article 21 citing Prem Shankar Shukla.