BNSS Section 304: Officer in charge of prison to abstain from carrying out order in certain contingencies
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 24: Attendance of Persons Confined or Detained in Prisons
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¶304. 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).
Study: explanations and related material
Replaces CrPC 269. CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03)
Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.
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