CrPC 269→BNSS 304

CrPC 269 to BNSS 304: Officer in charge of prison to abstain from carrying out order in certain contingencies

Section 269 CrPC (1973) replaced by Section 304 BNSS (2023)

View CrPC Section 269 →View BNSS Section 304 →

CrPC 269 to BNSS 304 at a Glance

Section 269 CrPC (Officer in charge of prison to abstain from carrying out order in certain contingencies) is now Section 304 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 269 to BNSS 304?

From 1 July 2024, Section 304 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 269 of the Code of Criminal Procedure, 1973. The heading is the same. Section 304(d) BNSS reads an order made by the State Government or the Central Government where Section 269(d) CrPC read an order made by the State Government. Section 304 BNSS refers to Section 302 BNSS and Section 303 BNSS where Section 269 CrPC referred to Section 267 CrPC and Section 268 CrPC. The rest of the text is the same.

CrPC 269 vs BNSS 304: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section269304
HeadingOfficer in charge of prison to abstain from carrying out order in certain contingenciesSame
Cross-referencess.267, s.268s.302, s.303

CrPC 269 and BNSS 304: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 269, CrPC 1973

269. Officer 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 267— (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 268 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).
BNSS 2023 (in force)

Section 304, BNSS 2023

304. Officer 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 or the Central 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).

When It Applies: CrPC 269 vs BNSS 304

Under CrPC 269
  1. Where the person in respect of whom an order is made under Section 267 CrPC falls within a contingency listed in Section 269 CrPC, 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.
  2. Under Section 269(a) CrPC, the contingency is that the person is by reason of sickness or infirmity unfit to be removed from the prison.
  3. Under Section 269(b) CrPC, the contingency is that the person is under committal for trial or under remand pending trial or pending a preliminary investigation.
  4. Under Section 269(c) CrPC, the contingency is that the person is in custody for a period which would expire before the expiration of the time required for complying with the order and for taking the person back to the prison in which the person is confined or detained.
  5. Under Section 269(d) CrPC, the contingency is that the person is a person to whom an order made by the State Government under Section 268 CrPC applies.
  6. The proviso to Section 269 CrPC applies where the attendance of the person is required for giving evidence at a place not more than twenty-five kilometres distance from the prison. The officer shall not so abstain for the reason mentioned in Section 269(b) CrPC.
Under BNSS 304
  1. Where the person in respect of whom an order is made under Section 302 BNSS falls within a contingency listed in Section 304 BNSS, 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.
  2. Under Section 304(a) BNSS, the contingency is that the person is by reason of sickness or infirmity unfit to be removed from the prison.
  3. Under Section 304(b) BNSS, the contingency is that the person is under committal for trial or under remand pending trial or pending a preliminary investigation.
  4. Under Section 304(c) BNSS, the contingency is that the person is in custody for a period which would expire before the expiration of the time required for complying with the order and for taking the person back to the prison in which the person is confined or detained.
  5. Under Section 304(d) BNSS, the contingency is that the person is a person to whom an order made by the State Government or the Central Government under Section 303 BNSS applies.
  6. The proviso to Section 304 BNSS applies where the attendance of the person is required for giving evidence at a place not more than twenty-five kilometres distance from the prison. The officer shall not so abstain for the reason mentioned in Section 304(b) BNSS.

What CrPC 269 to BNSS 304 Means in Practice

Under Section 304(d) BNSS, a person to whom an order made by the Central Government under Section 303 BNSS applies is within the contingencies in which the officer in charge of the prison shall abstain from carrying out the Court's order. Section 269(d) CrPC referred only to an order made by the State Government under Section 268 CrPC.

FAQs: CrPC 269 to BNSS 304

Which BNSS section replaced Section 269 CrPC from 1 July 2024?▼

From 1 July 2024, Section 304 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 269 of the Code of Criminal Procedure, 1973. The heading is the same: officer in charge of prison to abstain from carrying out order in certain contingencies.

What is the difference between Section 269(d) CrPC and Section 304(d) BNSS?▼

Section 269(d) CrPC read a person to whom an order made by the State Government under Section 268 CrPC applies. Section 304(d) BNSS reads a person to whom an order made by the State Government or the Central Government under Section 303 BNSS applies.

Did the twenty-five kilometres proviso or Section 269(a) to Section 269(c) CrPC change in Section 304 BNSS?▼

No. Section 304(a) BNSS, Section 304(b) BNSS, Section 304(c) BNSS and the proviso to Section 304 BNSS have the same text as Section 269(a) CrPC, Section 269(b) CrPC, Section 269(c) CrPC and the proviso to Section 269 CrPC, apart from the cross-reference in the opening words, which is to Section 302 BNSS where Section 269 CrPC referred to Section 267 CrPC.

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 ·