Law4u - Made in India

What Is BNSS Section 304?

Answer By law4u team

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.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Sanjeeda Shaikh

Advocate Sanjeeda Shaikh

Cheque Bounce, Criminal, Divorce, Documentation, Domestic Violence, Family, Muslim Law, Recovery, Succession Certificate

Get Advice
Advocate Smt Sajjan Bairwa

Advocate Smt Sajjan Bairwa

Motor Accident, Civil, Cheque Bounce, Criminal, Divorce, Family

Get Advice
Advocate Vinayaka M

Advocate Vinayaka M

Civil, Divorce, Anticipatory Bail, Motor Accident, Property, Cheque Bounce, Breach of Contract, Banking & Finance, Muslim Law, Family, Domestic Violence, High Court, Criminal, Child Custody

Get Advice
Advocate Deepesh Dangi

Advocate Deepesh Dangi

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Motor Accident, Property, R.T.I, RERA, Succession Certificate, Wills Trusts

Get Advice
Advocate Updesh Acharya

Advocate Updesh Acharya

Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Consumer Court, Corporate, Customs & Central Excise, Documentation, GST, High Court, Labour & Service, NCLT, Patent, Recovery, RERA, Startup, Tax, Trademark & Copyright, Revenue, Supreme Court, Armed Forces Tribunal

Get Advice
Advocate Syed Khader

Advocate Syed Khader

Cheque Bounce,Criminal,Divorce,Family,Motor Accident,Muslim Law,R.T.I,Recovery,Succession Certificate,

Get Advice
Advocate Rajat

Advocate Rajat

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Cheque Bounce, Civil, Consumer Court, Family, Property, Recovery, RERA, Succession Certificate, Wills Trusts

Get Advice
Advocate Mohammad Amein Abbasi

Advocate Mohammad Amein Abbasi

Anticipatory Bail,Cheque Bounce,Consumer Court,Court Marriage,Criminal,Divorce,Domestic Violence,Family,High Court,Muslim Law,Child Custody,Supreme Court,

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.