Section 302 BNSS: Power to require attendance of prisoners
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 302 BNSS at a Glance
Section 302 BNSS deals with power to require attendance of prisoners. It replaced Section 267 CrPC on 1 July 2024.
Section 302 BNSS Bare Act Text
(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.
Source: Section 302, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 302 BNSS in Simple Words
Section 302 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power to require attendance of prisoners.
Whenever, in the course of an inquiry, trial or proceeding under the Sanhita, 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; or 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.
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.
When Section 302 BNSS Applies
- 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.
- 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.
- 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.
- 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.
- 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.
Example of Section 302 BNSS
When Section 302 BNSS Does Not Apply
- Section 302 BNSS speaks of an order requiring the officer in charge of the prison to produce a person before the Court. It does not deal with the power of the State Government or Central Government to exclude certain persons from the operation of Section 302 BNSS, which is the subject of Section 303 BNSS.
- Section 302 BNSS speaks of an order requiring the officer in charge of the prison to produce a person before the Court. It does not deal with the officer in charge of a prison abstaining from carrying out an order in certain contingencies, which is the subject of Section 304 BNSS.
- Section 302 BNSS speaks of an order requiring the officer in charge of the prison to produce a person before the Court. It does not deal with a prisoner to be brought to Court in custody, which is the subject of Section 305 BNSS.
Section 302 BNSS in the CrPC (Previous Law)
Section 302 BNSS replaced Section 267 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 302 BNSS
For what purposes may a Criminal Court order a person confined or detained in a prison to be produced under Section 302 BNSS?▼
Under Section 302(1)(a) BNSS, it appears to the 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. Under Section 302(1)(b) BNSS, it appears to the Criminal Court that it is necessary for the ends of justice to examine such person as a witness. In either case 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.
Can an order of a Magistrate of the second class under Section 302 BNSS be forwarded directly to the officer in charge of the prison?▼
No. Under Section 302(2) BNSS, 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.
What must accompany an order submitted for countersigning under Section 302 BNSS, and what may the Chief Judicial Magistrate do?▼
Under Section 302(3) BNSS, 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. The Chief Judicial Magistrate to whom it is submitted may, after considering such statement, decline to countersign the order.
What changed from Section 267 CrPC to Section 302 BNSS from 1 July 2024?▼
From 1 July 2024, Section 302 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 267 of the Code of Criminal Procedure, 1973. 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 produce such person 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 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. 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.
Section 302 BNSS: Sub-sections Explained
Section 302(1) BNSS: Power to require attendance of prisoners
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Bare Act Text
(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.
Section 302(2) BNSS: Power to require attendance of prisoners
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Bare Act Text
(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.
Section 302(3) BNSS: Power to require attendance of prisoners
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·