CrPC 270→BNSS 305

CrPC 270 to BNSS 305: Prisoner to be brought to Court in custody

Section 270 CrPC (1973) replaced by Section 305 BNSS (2023)

View CrPC Section 270 →View BNSS Section 305 →

CrPC 270 to BNSS 305 at a Glance

Section 270 CrPC (Prisoner to be brought to Court in custody) is now Section 305 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 270 to BNSS 305?

Section 305 BNSS has the same heading and the same text as Section 270 CrPC, except for renumbered cross-references. Section 305 BNSS refers to Section 304 BNSS where Section 270 CrPC referred to Section 269 CrPC. Section 305 BNSS refers to Section 302 BNSS where Section 270 CrPC referred to Section 267 CrPC.

CrPC 270 vs BNSS 305: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section270305
HeadingPrisoner to be brought to Court in custodySame
Cross-referencess.269, s.267s.304, s.302

CrPC 270 and BNSS 305: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 270, CrPC 1973

270. Prisoner to be brought to Court in custody.—Subject to the provisions of section 269, the officer in charge of the prison shall, upon delivery of an order made under sub-section (1) of section 267 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.
BNSS 2023 (in force)

Section 305, BNSS 2023

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.

When It Applies: CrPC 270 vs BNSS 305

Under CrPC 270
  1. The officer in charge of the prison acts upon delivery of an order made under Section 267(1) CrPC and duly countersigned, where necessary, under Section 267(2) CrPC.
  2. The officer shall cause the person named in the order to be taken to the Court in which attendance is required.
  3. This is subject to Section 269 CrPC.
  4. The officer shall cause the person to be kept in custody in or near the Court.
Under BNSS 305
  1. The officer in charge of the prison acts upon delivery of an order made under Section 302(1) BNSS and duly countersigned, where necessary, under Section 302(2) BNSS.
  2. The officer shall cause the person named in the order to be taken to the Court in which attendance is required.
  3. This is subject to Section 304 BNSS.
  4. The officer shall cause the person to be kept in custody in or near the Court.

Time Limits: CrPC 270 to BNSS 305

Under CrPC 270
  • The person named in the order shall be present at the Court at the time mentioned in the order.Act text: “so as to be present there at the time mentioned in the order”
  • The person shall be kept in custody in or near the Court until the person has been examined or until the Court authorises the person to be taken back to the prison in which the person was confined or detained.Act text: “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”
Under BNSS 305
  • The person named in the order shall be present at the Court at the time mentioned in the order.Act text: “so as to be present there at the time mentioned in the order”
  • The person shall be kept in custody in or near the Court until the person has been examined or until the Court authorises the person to be taken back to the prison in which the person was confined or detained.Act text: “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”

What CrPC 270 to BNSS 305 Means in Practice

The officer in charge of the prison acts under Section 305 BNSS on delivery of an order made under Section 302(1) BNSS, subject to Section 304 BNSS. Section 270 CrPC read the same way for an order made under Section 267(1) CrPC, subject to Section 269 CrPC.

FAQs: CrPC 270 to BNSS 305

Where is Section 270 CrPC found in the BNSS from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 270 CrPC has no sub-sections, and maps as a whole to Section 305 BNSS.

Why does Section 305 BNSS refer to Section 304 BNSS?▼

Section 270 CrPC was subject to Section 269 CrPC, which is headed Officer in charge of prison to abstain from carrying out order in certain contingencies. Section 269 CrPC is found in Section 304 BNSS, and Section 305 BNSS is subject to that section.

Why does Section 305 BNSS refer to Section 302 BNSS?▼

Section 270 CrPC referred to an order made under Section 267 CrPC, which is headed Power to require attendance of prisoners. Section 267 CrPC is found in Section 302 BNSS, which has the same heading, and Section 305 BNSS refers to that section.

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: 22 Oct 2026 ·