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

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 304 BNSS at a Glance

Section 304 BNSS deals with officer in charge of prison to abstain from carrying out order in certain contingencies. It replaced Section 269 CrPC on 1 July 2024.

Was CrPC

Section 269 →

Section 304 BNSS Bare Act Text

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).

Source: Section 304, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 304 BNSS in Simple Words

Section 304 of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of a person in respect of whom an order is made under Section 302 BNSS.

If that person is unfit to be removed from the prison by reason of sickness or infirmity, is under committal or remand, is in custody for a period which would expire before the time required for complying with the order, or is a person to whom a State Government or Central Government order under Section 303 BNSS 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.

A proviso says the officer shall not so abstain for the reason mentioned in Section 304(b) BNSS where the attendance of the person is required for giving evidence at a place not more than twenty-five kilometres distance from the prison.

When Section 304 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.

Example of Section 304 BNSS

Suresh is confined in a prison. A court makes an order under Section 302 BNSS for the attendance of Suresh. An order made by the Central Government under Section 303 BNSS applies to Suresh, which is the contingency in Section 304(d) 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.

When Section 304 BNSS Does Not Apply

  • Section 304 BNSS speaks of the officer in charge of the prison abstaining from carrying out the Court's order. It does not deal with causing the person named in the order to be taken to the Court and kept in custody there, which is the subject of Section 305 BNSS.

Section 304 BNSS in the CrPC (Previous Law)

Section 304 BNSS replaces Section 269 CrPC from the old criminal code.

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.

View CrPC Section 269 →

FAQs on Section 304 BNSS

When shall the officer in charge of a prison abstain from carrying out the Court's order under Section 304 BNSS?▼

Where an order is made under Section 302 BNSS in respect of a person, Section 304 BNSS lists these contingencies: the person is by reason of sickness or infirmity unfit to be removed from the prison; the person is under committal for trial or under remand pending trial or pending a preliminary investigation; 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; or the person is one to whom an order made by the State Government or the Central Government under Section 303 BNSS applies. In each case the officer in charge of the prison shall abstain from carrying out the Court's order.

What shall the officer in charge of the prison send to the Court under Section 304 BNSS?▼

Section 304 BNSS says 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.

What does the proviso to Section 304 BNSS say about a person under committal or remand?▼

Section 304(b) BNSS lists a person under committal for trial or under remand pending trial or pending a preliminary investigation. The proviso to Section 304 BNSS says 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 Section 304(b) BNSS.

What changed from Section 269 CrPC to Section 304 BNSS 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. 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.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·