BNSS Section 304 — Officer in charge of prison to abstain from carrying out order in certain contingencies

CHAPTER XXIV ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

Criminal

Summary

The officer in charge of a prison must not carry out a court order to produce a prisoner if the prisoner is too sick or weak to be moved, is awaiting trial or investigation, or would be released from custody before the order could be completed. The officer must also refuse if the prisoner is covered by a government order under section 303. In such cases, the officer must send the court a written explanation for not following the order. However, if the prisoner is only needed to give evidence at a place within 25 kilometres of the prison, the officer cannot refuse just because the prisoner is awaiting trial or investigation.

Official Text

Where the person in respect of whom an order is made under section 302—

(a) is by reason of sickness or infirmity unfit to be removed from the prison; or

(b) is under committal for trial or under remand pending trial or pending a preliminary investigation; or

(c) is in custody for a period which would expire before the expiration of the time required for complying with the order and for taking him back to the prison in which he is confined or detained; or

(d) is a person to whom an order made by the State Government or the Central Government under section 303 applies, the officer in charge of the prison shall abstain from carrying out the Court's order and shall send to the Court a statement of reasons for so abstaining:

Provided that where the attendance of such person is required for giving evidence at a place not more than twenty-five kilometres distance from the prison, the officer in charge of the prison shall not so abstain for the reason mentioned in clause (b).

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.12 p.335 — Supreme Court of India (2024)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §269 — Officer in charge of prison to abstain from carrying out order in certain contingencies