BNSS Section 302 — Power to require attendance of prisoners

Summary

If a criminal court is conducting an inquiry, trial, or other legal proceeding, and it decides that a person who is in jail needs to be brought to court—either to answer a criminal charge or to be examined as a witness—the court can order the prison officer in charge to produce that person in court. However, if a Magistrate of the second class issues such an order, it cannot be sent to or followed by the prison officer unless it is also signed by the Chief Judicial Magistrate who supervises that Magistrate. When asking for this countersignature, the Magistrate must include a written explanation of why the order is necessary, and the Chief Judicial Magistrate may refuse to sign it after reviewing that explanation.

Official Text

(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.

Related Judgments

• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• SC (2024) Vol.10 p.1448 — Supreme Court of India (2024)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §267 — Power to require attendance of prisoners