CrPC 267→BNSS 302

CrPC 267 to BNSS 302: Power to require attendance of prisoners

Section 267 CrPC (1973) replaced by Section 302 BNSS (2023)

View CrPC Section 267 →View BNSS Section 302 →

CrPC 267 to BNSS 302 at a Glance

Section 267 CrPC (Power to require attendance of prisoners) is now Section 302 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 267 to BNSS 302?

From 1 July 2024, Section 267 of the Code of Criminal Procedure, 1973 is replaced by Section 302 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The heading is the same. Section 302(1) BNSS reads this Sanhita where Section 267(1) CrPC read this Code. Section 302(1)(b) BNSS reads before the Court answering to the charge or for the purpose of such proceeding or for giving evidence, where Section 267(1)(b) CrPC read before the Court for answering to the charge or for the purpose of such proceeding or, as the case may be, for giving evidence. The words of Section 302(2) BNSS and Section 302(3) BNSS are the same as the words of Section 267(2) CrPC and Section 267(3) CrPC.

CrPC 267 vs BNSS 302: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section267302
HeadingPower to require attendance of prisonersSame
Sub-sections3 sub-sectionsSame

CrPC 267 and BNSS 302: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 267, CrPC 1973

267. Power to require attendance of prisoners.—(1) Whenever, in the course of an inquiry, trial or proceeding under this Code, 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 for answering to the charge or for the purpose of such proceeding or, as the case may be, 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.
BNSS 2023 (in force)

Section 302, BNSS 2023

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.

When It Applies: CrPC 267 vs BNSS 302

Under CrPC 267
  1. Section 267 CrPC applies when, in the course of an inquiry, trial or proceeding under the Code of Criminal Procedure, 1973, it appears to a Criminal Court 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.
  2. Section 267 CrPC applies when it appears to a Criminal Court that it is necessary for the ends of justice to examine such a person as a witness. The Court may then make an order requiring the officer in charge of the prison to produce such person before the Court.
  3. Where an order under Section 267(1) CrPC 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.
  4. Every order submitted for countersigning under Section 267(2) CrPC shall be accompanied by a statement of the facts which, in the opinion of the Magistrate, render the order necessary.
  5. The Chief Judicial Magistrate to whom the order is submitted under Section 267(3) CrPC may, after considering such statement, decline to countersign the order.
Under BNSS 302
  1. Section 302 BNSS applies when, in the course of an inquiry, trial or proceeding under the Bharatiya Nagarik Suraksha Sanhita, 2023, it appears to a Criminal Court 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.
  2. Section 302 BNSS applies when it appears to a Criminal Court that it is necessary for the ends of justice to examine such a person as a witness. The Court may then make an order requiring the officer in charge of the prison to produce such person before the Court.
  3. Where an order under Section 302(1) BNSS 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.
  4. Every order submitted for countersigning under Section 302(2) BNSS shall be accompanied by a statement of the facts which, in the opinion of the Magistrate, render the order necessary.
  5. The Chief Judicial Magistrate to whom the order is submitted under Section 302(3) BNSS may, after considering such statement, decline to countersign the order.

What CrPC 267 to BNSS 302 Means in Practice

Section 267(1) CrPC reads that the Court may make an order requiring the officer in charge of the prison to produce such person before the Court for answering to the charge or for the purpose of such proceeding or, as the case may be, for giving evidence. Section 302(1) BNSS has the words before the Court answering to the charge or for the purpose of such proceeding or for giving evidence.

FAQs: CrPC 267 to BNSS 302

Which provision replaces Section 267 CrPC from 1 July 2024?▼

From 1 July 2024, the Code of Criminal Procedure, 1973 is replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023, and Section 267 CrPC is found in Section 302 BNSS. Section 267(1) CrPC, Section 267(2) CrPC and Section 267(3) CrPC are found in Section 302(1) BNSS, Section 302(2) BNSS and Section 302(3) BNSS, and the heading is the same, Power to require attendance of prisoners.

What words differ in Section 302(1) BNSS from Section 267(1) CrPC?▼

Section 302(1) BNSS reads this Sanhita where Section 267(1) CrPC read this Code. Section 302(1)(b) BNSS reads before the Court answering to the charge or for the purpose of such proceeding or for giving evidence, where Section 267(1)(b) CrPC read before the Court for answering to the charge or for the purpose of such proceeding or, as the case may be, for giving evidence.

Do the words of the countersigning provisions differ between Section 302 BNSS and Section 267 CrPC?▼

No. The words of Section 302(2) BNSS and Section 302(3) BNSS are the same as the words of Section 267(2) CrPC and Section 267(3) CrPC. Both provide that an order made by a Magistrate of the second class 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.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·