BNSS Section 305 — Prisoner to be brought to Court in custody

Summary

The officer in charge of the prison must follow a court order that requires a prisoner to appear in court. Once the officer receives the properly signed order, they must arrange for the prisoner to be taken to the court at the specified time. The prisoner will be kept in custody near the court until their examination is complete or until the court allows them to be returned to prison.

Official Text

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.

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)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.8 p.785 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §270 — Prisoner to be brought to Court in custody