What Is BNSS Section 306?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 306: Power to issue commission for examination of witness in prison.

• The provisions of this Chapter shall be without prejudice to the power of the Court to issue, under section 319, a commission for the examination, as a witness, of any person confined or detained in a prison.
• The provisions of Part B of Chapter XXVI shall apply in relation to the examination on commission of any such person in the prison as they apply in relation to the examination on commission of any other person.

Brefe Detail

Section 306 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the authority of the Court to issue a commission for examining witnesses who are imprisoned. It states that this provision does not affect the existing powers under section 319 and emphasizes that the rules governing witness examinations outside prison also apply to those conducted within.

Question & Answers

What is the main focus of Section 306?

It details the Court's power to issue a commission for the examination of witnesses who are confined in prison.

Does Section 306 affect other provisions of the law?

No, the provisions are without prejudice to the power of the Court under section 319.

Are the same rules for examination of witnesses outside prison applicable to those in prison?

Yes, the provisions of Part B of Chapter XXVI apply equally to examinations of persons in prison.

Example

• Example 1: If a witness is detained in prison, the Court can issue a commission to examine this witness under section 319.
• Example 2: The procedures for examining a prisoner as a witness will follow the same legal framework as those for witnesses who are not imprisoned.

Summary

Section 306 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the Court with the authority to issue commissions for examining witnesses who are in prison. This section ensures that existing legal powers and examination procedures are uniformly applicable to both imprisoned and non-imprisoned witnesses.