Section 266 CrPC: Definitions

Code of Criminal Procedure, 1973

Section 266 CrPC at a Glance

Section 266 CrPC deals with definitions. From 1 July 2024 it is replaced by Section 301 BNSS.

What Section 266 CrPC Says

266. Definitions

In this Chapter,β€”

(a) β€œdetained” includes detained under any law providing for preventive detention;

(b) β€œprison” includes,β€”

(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 266, Code of Criminal Procedure, 1973

Section 266 CrPC in Simple Words

Section 266 of the Code of Criminal Procedure, 1973 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 266 CrPC Applies

  • Section 266 CrPC gives the meanings of detained and prison for the purposes of this Chapter.
  • Under Section 266(a) CrPC, detained includes detained under any law providing for preventive detention.
  • Under Section 266(b)(i) CrPC, prison includes any place which has been declared by the State Government, by general or special order, to be a subsidiary jail.
  • Under Section 266(b)(ii) CrPC, prison includes any reformatory, Borstal institution or other institution of a like nature.

Example of Section 266 CrPC

Ramesh is detained under a law providing for preventive detention. Under Section 266(a) CrPC, detained includes detained under any law providing for preventive detention, so the word detained in this Chapter covers the detention of Ramesh. A place has been declared by the State Government, by special order, to be a subsidiary jail. Under Section 266(b)(i) CrPC, prison includes that place.

When Section 266 CrPC Does Not Apply

  • Section 266 CrPC 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 267 CrPC.
  • Section 266 CrPC speaks of the meanings of detained and prison. It does not deal with the power of the State Government to exclude certain persons from operation of Section 267 CrPC, which is the subject of Section 268 CrPC.

Section 266 CrPC Under BNSS 301: What Changed

Section 266 CrPC is now covered under Section 301 BNSS.

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 detailed comparison (CrPC 266 vs BNSS 301) β†’

FAQs on Section 266 CrPC

What does detained include under Section 266 CrPC?β–Ό

Under Section 266(a) CrPC, detained includes detained under any law providing for preventive detention.

What does prison include under Section 266 CrPC?β–Ό

Under Section 266(b) CrPC, 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 266 CrPC?β–Ό

Under Section 266(b)(i) CrPC, the place is one which has been declared by the State Government, by general or special order, to be a subsidiary jail.

Where is Section 266 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?β–Ό

From 1 July 2024, the Code of Criminal Procedure, 1973 is replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 266 CrPC has no sub-sections, and maps as a whole to Section 301 BNSS, which has the same heading, Definitions.

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

Sources: Bare Act Text, Code of Criminal Procedure, 1973 Β· Last updated: 21 Oct 2026 Β·