Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 305: Prisoner to be brought to Court in custody.
Subject to the provisions of section 304, the officer in charge of the prison shall, upon delivery of an order made under sub-section (1) of section 302 and duly countersigned, where necessary, under sub-section (2) thereof, cause the person named in the order to be taken to the Court in which his attendance is required, so as to be present there at the time mentioned in the order, and shall cause him to be kept in custody in or near the Court until he has been examined or until the Court authorises him to be taken back to the prison in which he was confined or detained.
Brefe Detail
This section outlines the responsibilities of the officer in charge of a prison regarding the transfer of a prisoner to court. It specifies that the officer must comply with court orders for a prisoner’s appearance, ensuring that the prisoner is kept in custody at the court until they have been examined or until authorized to return to prison.
Question & Answers
What must the officer in charge of the prison do when a court order is received?
The officer must take the named prisoner to the specified court and ensure they are present at the required time.
Where should the prisoner be kept after being brought to court?
The prisoner must be kept in custody in or near the court until examined or authorized to return to prison.
What provisions must be considered before bringing the prisoner to court?
The provisions of section 304 must be taken into account.
Example
- If a prisoner is ordered by the court to appear for a hearing at 10 AM, the officer in charge must ensure they are transported to the court in time to be present at that hour.
- A prisoner will remain in custody at the courthouse until the judge completes their examination or allows the prisoner to return to prison.
Summary
Section 305 mandates that the officer in charge of a prison must facilitate the transfer of a prisoner to court as per the orders received, while also ensuring the prisoner’s custody is maintained during the court proceedings.
