What Is BNSS Section 304?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 304Officer in charge of prison to abstain from carrying out order in certain contingencies.

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 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).

Brefe Detail

This section outlines the circumstances under which the officer in charge of a prison is required to refrain from executing a Court's order to produce an inmate. It specifies conditions like the inmate’s health, legal status, and the applicability of prior orders.

Question & Answers

What are the conditions under which the officer in charge of the prison must abstain from carrying out a Court order?

The officer must abstain if the inmate is unfit due to sickness, under trial, has a short custody period, or is covered by a prior State Government order.

Is there any condition that prevents the officer from abstaining from the order?

Yes, if the inmate is required to give evidence within twenty-five kilometers of the prison, the officer cannot abstain due to being under committal for trial.

Example

• If an inmate is seriously ill and unable to travel, the officer will notify the Court and refrain from bringing them.
• An inmate who is still awaiting trial cannot be moved unless they are needed for evidence close to the prison.

Summary

Section 304 of the Bharatiya Nagarik Suraksha Sanhita specifies that the officer in charge of a prison must not carry out a Court order to produce an inmate under certain circumstances, including health issues, legal status, and existing government orders. However, if the inmate is required for evidence nearby, the officer must comply with the order.