Section 301 BNSS: Definitions
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 301 BNSS at a Glance
Section 301 BNSS deals with definitions. It replaced Section 266 CrPC on 1 July 2024.
Section 301 BNSS Bare Act Text
301. Definitions
In this Chapter,—
(a) "detained" includes detained under any law providing for preventive detention;
(b) "prison" includes,—
(i) any place which has been declared by the State Government, by general or special order, to be a subsidiary jail;
(ii) any reformatory, Borstal institution or other institution of a like nature.
Source: Section 301, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 301 BNSS in Simple Words
Section 301 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with definitions. In this Chapter, detained includes detained under any law providing for preventive detention, and prison includes any place which has been declared by the State Government, by general or special order, to be a subsidiary jail, and any reformatory, Borstal institution or other institution of a like nature.
When Section 301 BNSS Applies
- Section 301 BNSS gives the meanings of detained and prison for the purposes of this Chapter.
- Under Section 301(a) BNSS, detained includes detained under any law providing for preventive detention.
- Under Section 301(b)(i) BNSS, prison includes any place which has been declared by the State Government, by general or special order, to be a subsidiary jail.
- Under Section 301(b)(ii) BNSS, prison includes any reformatory, Borstal institution or other institution of a like nature.
Example of Section 301 BNSS
When Section 301 BNSS Does Not Apply
- Section 301 BNSS speaks of the meanings of detained and prison. It does not deal with the power to require attendance of prisoners, which is the subject of Section 302 BNSS.
- Section 301 BNSS speaks of the meanings of detained and prison. It does not deal with the power of the State Government or Central Government to exclude certain persons from operation of Section 302 BNSS, which is the subject of Section 303 BNSS.
Section 301 BNSS in the CrPC (Previous Law)
Section 301 BNSS replaces Section 266 CrPC from the old criminal code.
From 1 July 2024, Section 266 of the Code of Criminal Procedure, 1973 is replaced by Section 301 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The heading is the same and the text is the same.
View CrPC Section 266 →FAQs on Section 301 BNSS
What does detained include under Section 301 BNSS?▼
Under Section 301(a) BNSS, detained includes detained under any law providing for preventive detention.
What does prison include under Section 301 BNSS?▼
Under Section 301(b) BNSS, prison includes any place which has been declared by the State Government, by general or special order, to be a subsidiary jail, and any reformatory, Borstal institution or other institution of a like nature.
Who declares a place to be a subsidiary jail under Section 301 BNSS?▼
Under Section 301(b)(i) BNSS, the place is one which has been declared by the State Government, by general or special order, to be a subsidiary jail.
What changed from Section 266 CrPC to Section 301 BNSS from 1 July 2024?▼
From 1 July 2024, Section 301 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 266 of the Code of Criminal Procedure, 1973. The heading is the same and the text is the same.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·