Section 305 BNSS: Prisoner to be brought to Court in custody

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 305 BNSS at a Glance

Section 305 BNSS deals with prisoner to be brought to Court in custody. It replaced Section 270 CrPC on 1 July 2024.

Was CrPC

Section 270 →

Section 305 BNSS Bare Act Text

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.

Source: Section 305, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 305 BNSS in Simple Words

Section 305 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the officer in charge of the prison.

Subject to Section 304 BNSS, on delivery of an order made under Section 302(1) BNSS and duly countersigned, where necessary, under Section 302(2) BNSS, the officer shall cause the person named in the order to be taken to the Court in which attendance is required, so as to be present there at the time mentioned in the order.

The officer shall cause the person to 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.

When Section 305 BNSS Applies

  • 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.
  • The officer shall cause the person named in the order to be taken to the Court in which attendance is required.
  • This is subject to Section 304 BNSS.
  • The officer shall cause the person to be kept in custody in or near the Court.

Time Limits Under Section 305 BNSS

  • 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”

Example of Section 305 BNSS

Arjun is confined in a prison. A Criminal Court makes an order under Section 302(1) BNSS, requiring the officer in charge of the prison to produce Arjun before the Court for giving evidence. Once the order is delivered and duly countersigned, where necessary, under Section 302(2) BNSS, then under Section 305 of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to Section 304 BNSS, the officer causes Arjun to be taken to the Court so as to be present there at the time mentioned in the order. The officer causes Arjun to be kept in custody in or near the Court until Arjun has been examined or until the Court authorises Arjun to be taken back to the prison.

When Section 305 BNSS Does Not Apply

  • Section 305 BNSS speaks of the officer in charge of the prison acting on an order made under Section 302(1) BNSS. It does not deal with the contingencies in which the officer shall abstain from carrying out the order, which are the subject of Section 304 BNSS.
  • Section 305 BNSS speaks of a person taken to the Court in custody. It does not deal with the issue of a commission for the examination of a witness in prison, which is the subject of Section 306 BNSS.

Section 305 BNSS in the CrPC (Previous Law)

Section 305 BNSS replaces Section 270 CrPC from the old criminal code.

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.

View CrPC Section 270 →

FAQs on Section 305 BNSS

Who causes a person to be taken to the Court under Section 305 BNSS?▼

The officer in charge of the prison shall cause the person named in the order to be taken to the Court in which attendance is required, so as to be present there at the time mentioned in the order.

How long is the person kept in custody at the Court under Section 305 BNSS?▼

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.

Which order does Section 305 BNSS refer to?▼

An order made under Section 302(1) BNSS and duly countersigned, where necessary, under Section 302(2) BNSS. Section 305 BNSS is subject to Section 304 BNSS.

What changed from Section 270 CrPC to Section 305 BNSS from 1 July 2024?▼

Section 305 BNSS has the same heading and the same text as Section 270 CrPC, except that Section 305 BNSS refers to Section 304 BNSS where Section 270 CrPC referred to Section 269 CrPC, and to Section 302(1) BNSS and Section 302(2) BNSS where Section 270 CrPC referred to Section 267(1) CrPC and Section 267(2) CrPC.

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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: 22 Oct 2026 ·