What Is BNSS Section 302?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 302: Power to require attendance of prisoners

(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.

Brefe Detail

Section 302 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the powers of a Criminal Court to require the attendance of prisoners. It specifies the conditions under which a court can order the production of a prisoner for trial or as a witness. Additionally, it mandates that orders made by a second-class Magistrate require countersigning by the Chief Judicial Magistrate.

Question & Answers

Q1: Under what circumstances can a Criminal Court order the attendance of a prisoner?

A1: A Criminal Court can order the attendance of a prisoner if it appears that the prisoner should be brought before the Court to answer a charge of an offence or if it is necessary to examine the prisoner as a witness for the ends of justice.

Q2: What is required for an order made by a second-class Magistrate to be acted upon?

A2: An order made by a second-class Magistrate must be countersigned by the Chief Judicial Magistrate to whom the Magistrate is subordinate before it can be acted upon by the officer in charge of the prison.

Q3: What must accompany an order submitted for countersigning?

A3: Every order submitted for countersigning must be accompanied by a statement of the facts that, in the opinion of the Magistrate, render the order necessary.

Example

Example 1: If a person detained for theft needs to be questioned about a related case, the court can order their presence for testimony.

Example 2: A second-class Magistrate issues an order to produce a witness from prison, but this order requires the Chief Judicial Magistrate's countersignature to be valid.

Summary

Section 302 of the Bharatiya Nagarik Suraksha Sanhita empowers Criminal Courts to summon prisoners for inquiries or trials. It stipulates procedural requirements for such orders, including the necessity of countersigning by the Chief Judicial Magistrate when initiated by a second-class Magistrate.