Section 270 CrPC: Prisoner to be brought to Court in custody

Code of Criminal Procedure, 1973

Section 270 CrPC at a Glance

Section 270 CrPC deals with prisoner to be brought to Court in custody. From 1 July 2024 it is replaced by Section 305 BNSS.

Now BNSS

Section 305 →

What Section 270 CrPC Says

270. Prisoner to be brought to Court in custody

Subject to the provisions of section 269, the officer in charge of the prison shall, upon delivery of an order made under sub-section (1) of section 267 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 270, Code of Criminal Procedure, 1973

Section 270 CrPC in Simple Words

Section 270 of the Code of Criminal Procedure, 1973 deals with the officer in charge of the prison.

Subject to Section 269 CrPC, on delivery of an order made under Section 267(1) CrPC and duly countersigned, where necessary, under Section 267(2) CrPC, 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 270 CrPC Applies

  • The officer in charge of the prison acts upon delivery of an order made under Section 267(1) CrPC and duly countersigned, where necessary, under Section 267(2) CrPC.
  • 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 269 CrPC.
  • The officer shall cause the person to be kept in custody in or near the Court.

Time Limits Under Section 270 CrPC

  • 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 270 CrPC

Vikram is confined in a prison. A Criminal Court makes an order under Section 267(1) CrPC, requiring the officer in charge of the prison to produce Vikram before the Court for giving evidence. Once the order is delivered and duly countersigned, where necessary, under Section 267(2) CrPC, then under Section 270 of the Code of Criminal Procedure, 1973, subject to Section 269 CrPC, the officer causes Vikram to be taken to the Court so as to be present there at the time mentioned in the order. The officer causes Vikram to be kept in custody in or near the Court until Vikram has been examined or until the Court authorises Vikram to be taken back to the prison.

When Section 270 CrPC Does Not Apply

  • Section 270 CrPC speaks of the officer in charge of the prison acting on an order made under Section 267(1) CrPC. It does not deal with the contingencies in which the officer shall abstain from carrying out the order, which are the subject of Section 269 CrPC.
  • Section 270 CrPC 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 271 CrPC.

Section 270 CrPC Under BNSS 305: What Changed

Section 270 CrPC is now covered under Section 305 BNSS.

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 detailed comparison (CrPC 270 vs BNSS 305) →

FAQs on Section 270 CrPC

Who causes a person to be taken to the Court under Section 270 CrPC?▼

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 270 CrPC?▼

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 270 CrPC refer to?▼

An order made under Section 267(1) CrPC and duly countersigned, where necessary, under Section 267(2) CrPC. Section 270 CrPC is subject to Section 269 CrPC.

Where is Section 270 CrPC found in the BNSS from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 270 CrPC has no sub-sections, and maps as a whole to Section 305 BNSS.

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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 · Last updated: 22 Oct 2026 ·