Section 267 CrPC: Power to require attendance of prisoners

Code of Criminal Procedure, 1973

Section 267 CrPC at a Glance

Section 267 CrPC deals with power to require attendance of prisoners. From 1 July 2024 it is replaced by Section 302 BNSS.

Now BNSS

Section 302 →

What Section 267 CrPC Says

267. Power to require attendance of prisoners

(1) Whenever, in the course of an inquiry, trial or proceeding under this Code, 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 for answering to the charge or for the purpose of such proceeding or, as the case may be, 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 267, Code of Criminal Procedure, 1973

Section 267 CrPC in Simple Words

Section 267 of the Code of Criminal Procedure, 1973 deals with the power to require attendance of prisoners.

Whenever, in the course of an inquiry, trial or proceeding under the Code, 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 267 CrPC Applies

  • Section 267 CrPC applies when, in the course of an inquiry, trial or proceeding under the Code of Criminal Procedure, 1973, 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 267 CrPC 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 267(1) CrPC 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 267(2) CrPC 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 267(3) CrPC may, after considering such statement, decline to countersign the order.

Example of Section 267 CrPC

Ramesh is confined in a prison, and a trial of Ramesh is proceeding before a Magistrate of the second class under the Code of Criminal Procedure, 1973. It appears to the Court that Ramesh should be brought before the Court for answering to a charge of an offence. The Magistrate makes an order under Section 267(1) CrPC requiring the officer in charge of the prison to produce Ramesh before the Court. Under Section 267(2) CrPC, the order 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 the Magistrate is subordinate. Under Section 267(3) CrPC, the order submitted for countersigning shall be accompanied by a statement of the facts which, in the opinion of the Magistrate, render the order necessary.

When Section 267 CrPC Does Not Apply

  • Section 267 CrPC 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 to exclude certain persons from the operation of Section 267 CrPC, which is the subject of Section 268 CrPC.
  • Section 267 CrPC 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 269 CrPC.
  • Section 267 CrPC 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 270 CrPC.

Section 267 CrPC Under BNSS 302: What Changed

Section 267 CrPC is now covered under Section 302 BNSS.

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.

View detailed comparison (CrPC 267 vs BNSS 302) →

FAQs on Section 267 CrPC

For what purposes may a Criminal Court order a person confined or detained in a prison to be produced under Section 267 CrPC?▼

Under Section 267(1)(a) CrPC, 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 267(1)(b) CrPC, 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 for answering to the charge or for the purpose of such proceeding or, as the case may be, for giving evidence.

Can an order of a Magistrate of the second class under Section 267 CrPC be forwarded directly to the officer in charge of the prison?▼

No. Under Section 267(2) CrPC, where an order under Section 267(1) CrPC 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 267 CrPC, and what may the Chief Judicial Magistrate do?▼

Under Section 267(3) CrPC, every order submitted for countersigning under Section 267(2) CrPC 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.

Where is Section 267 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

From 1 July 2024, the Code of Criminal Procedure, 1973 is replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 267(1) CrPC maps to Section 302(1) BNSS, Section 267(2) CrPC maps to Section 302(2) BNSS and Section 267(3) CrPC maps to Section 302(3) BNSS. The heading is the same, Power to require attendance of prisoners.

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