Section 269 CrPC: Officer in charge of prison to abstain from carrying out order in certain contingencies

Code of Criminal Procedure, 1973

Section 269 CrPC at a Glance

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

Now BNSS

Section 304 →

What Section 269 CrPC Says

269. 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 267—
(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 under section 268 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 269, Code of Criminal Procedure, 1973

Section 269 CrPC in Simple Words

Section 269 of the Code of Criminal Procedure, 1973 speaks of a person in respect of whom an order is made under Section 267 CrPC.

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 order under Section 268 CrPC 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 269(b) CrPC 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 269 CrPC Applies

Where the person in respect of whom an order is made under Section 267 CrPC falls within a contingency listed in Section 269 CrPC, 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 269(a) CrPC, the contingency is that the person is by reason of sickness or infirmity unfit to be removed from the prison.
Under Section 269(b) CrPC, the contingency is that the person is under committal for trial or under remand pending trial or pending a preliminary investigation.
Under Section 269(c) CrPC, 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 269(d) CrPC, the contingency is that the person is a person to whom an order made by the State Government under Section 268 CrPC applies.
The proviso to Section 269 CrPC 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 269(b) CrPC.

Example of Section 269 CrPC

Ramesh is confined in a prison under remand pending trial. A court makes an order under Section 267 CrPC for the attendance of Ramesh for giving evidence at a place not more than twenty-five kilometres distance from the prison. Ramesh is under remand pending trial, which is the contingency in Section 269(b) CrPC. Because of the proviso to Section 269 CrPC, the officer in charge of the prison shall not so abstain for the reason mentioned in Section 269(b) CrPC.

When Section 269 CrPC Does Not Apply

Section 269 CrPC 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 270 CrPC.

Section 269 CrPC Under BNSS 304: What Changed

Section 269 CrPC is now covered under Section 304 BNSS.

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 detailed comparison (CrPC 269 vs BNSS 304) →

FAQs on Section 269 CrPC

When shall the officer in charge of a prison abstain from carrying out the Court's order under Section 269 CrPC?▼

Where an order is made under Section 267 CrPC in respect of a person, Section 269 CrPC 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 under Section 268 CrPC 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 269 CrPC?▼

Section 269 CrPC 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 269 CrPC say about a person under committal or remand?▼

Section 269(b) CrPC lists a person under committal for trial or under remand pending trial or pending a preliminary investigation. The proviso to Section 269 CrPC 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 269(b) CrPC.

Where is Section 269 CrPC found in the BNSS from 1 July 2024?▼

Section 269 CrPC has no numbered sub-sections, and maps as a whole to Section 304 BNSS from 1 July 2024. Section 304(d) BNSS adds the Central Government to the State Government in its reference to an order.

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