Section 306 BNSS: Power to issue commission for examination of witness in prison

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 306 BNSS at a Glance

Section 306 BNSS deals with power to issue commission for examination of witness in prison. It replaced Section 271 CrPC on 1 July 2024.

Was CrPC

Section 271 →

Section 306 BNSS Bare Act Text

306. Power to issue commission for examination of witness in prison

The provisions of this Chapter shall be without prejudice to the power of the Court to issue, under section 319, a commission for the examination, as a witness, of any person confined or detained in a prison; and the provisions of Part B of Chapter XXV shall apply in relation to the examination on commission of any such person in the prison as they apply in relation to the examination on commission of any other person.

Source: Section 306, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 306 BNSS in Simple Words

Section 306 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that the provisions of the Chapter in which it stands shall be without prejudice to the power of the Court to issue, under Section 319 BNSS, a commission for the examination, as a witness, of any person confined or detained in a prison.

It also says that the provisions of Part B of Chapter XXV shall apply in relation to the examination on commission of any such person in the prison as they apply in relation to the examination on commission of any other person.

When Section 306 BNSS Applies

  • Section 306 BNSS speaks of the examination, as a witness, of any person confined or detained in a prison.
  • The Court has the power to issue, under Section 319 BNSS, a commission for that examination, and the provisions of the Chapter in which Section 306 BNSS stands are without prejudice to that power.
  • The provisions of Part B of Chapter XXV apply in relation to the examination on commission of such a person in the prison as they apply in relation to the examination on commission of any other person.

Example of Section 306 BNSS

Kavita is confined in a prison and is to be examined as a witness. The Court issues, under Section 319 BNSS, a commission for the examination of Kavita as a witness. Under Section 306 BNSS, the provisions of Part B of Chapter XXV apply in relation to the examination of Kavita on commission in the prison as they apply in relation to the examination on commission of any other person.

When Section 306 BNSS Does Not Apply

  • Section 306 BNSS speaks of the examination on commission of a person confined or detained in a prison. It does not deal with causing the person named in an order to be taken to the Court in custody, which is the subject of Section 305 BNSS.

Section 306 BNSS in the CrPC (Previous Law)

Section 306 BNSS replaces Section 271 CrPC from the old criminal code.

From 1 July 2024, Section 306 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 271 of the Code of Criminal Procedure, 1973. The heading is the same. Section 306 BNSS refers to Section 319 BNSS where Section 271 CrPC referred to Section 284 CrPC. Section 306 BNSS refers to Part B of Chapter XXV where Section 271 CrPC referred to Part B of Chapter XXIII. The rest of the text is the same.

View CrPC Section 271 →

FAQs on Section 306 BNSS

What does Section 306 BNSS say about a commission for the examination of a person in a prison?▼

Section 306 BNSS says the provisions of the Chapter in which it stands shall be without prejudice to the power of the Court to issue, under Section 319 BNSS, a commission for the examination, as a witness, of any person confined or detained in a prison.

Which provisions apply to the examination on commission of a person in a prison under Section 306 BNSS?▼

Section 306 BNSS says the provisions of Part B of Chapter XXV shall apply in relation to the examination on commission of any such person in the prison as they apply in relation to the examination on commission of any other person.

Under which section does the Court issue a commission referred to in Section 306 BNSS?▼

Section 306 BNSS refers to the power of the Court to issue a commission under Section 319 BNSS.

What changed from Section 271 CrPC to Section 306 BNSS from 1 July 2024?▼

From 1 July 2024, Section 306 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 271 of the Code of Criminal Procedure, 1973. The heading is the same. Section 306 BNSS refers to Section 319 BNSS where Section 271 CrPC referred to Section 284 CrPC. Section 306 BNSS refers to Part B of Chapter XXV where Section 271 CrPC referred to Part B of Chapter XXIII. 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 ·