Section 271 CrPC: Power to issue commission for examination of witness in prison

Code of Criminal Procedure, 1973

Section 271 CrPC at a Glance

Section 271 CrPC deals with power to issue commission for examination of witness in prison. From 1 July 2024 it is replaced by Section 306 BNSS.

Now BNSS

Section 306 →

What Section 271 CrPC Says

271. 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 284, 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 XXIII 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 271, Code of Criminal Procedure, 1973

Section 271 CrPC in Simple Words

Section 271 of the Code of Criminal Procedure, 1973 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 284 CrPC, 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 XXIII 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 271 CrPC Applies

  • Section 271 CrPC 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 284 CrPC, a commission for that examination, and the provisions of the Chapter in which Section 271 CrPC stands are without prejudice to that power.
  • The provisions of Part B of Chapter XXIII 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 271 CrPC

Kavita is confined in a prison and is to be examined as a witness. The Court issues, under Section 284 CrPC, a commission for the examination of Kavita as a witness. Under Section 271 CrPC, the provisions of Part B of Chapter XXIII 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 271 CrPC Does Not Apply

  • Section 271 CrPC 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 270 CrPC.

Section 271 CrPC Under BNSS 306: What Changed

Section 271 CrPC is now covered under Section 306 BNSS.

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 detailed comparison (CrPC 271 vs BNSS 306) →

FAQs on Section 271 CrPC

What does Section 271 CrPC say about a commission for the examination of a person in a prison?▼

Section 271 CrPC says the provisions of the Chapter in which it stands shall be without prejudice to the power of the Court to issue, under Section 284 CrPC, 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 271 CrPC?▼

Section 271 CrPC says the provisions of Part B of Chapter XXIII 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 271 CrPC?▼

Section 271 CrPC refers to the power of the Court to issue a commission under Section 284 CrPC.

Where is Section 271 CrPC found in the BNSS from 1 July 2024?▼

Section 271 CrPC has no numbered sub-sections, and maps as a whole to Section 306 BNSS from 1 July 2024. Section 306 BNSS refers to Section 319 BNSS and Part B of Chapter XXV where Section 271 CrPC referred to Section 284 CrPC and Part B of Chapter XXIII.

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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: 21 Oct 2026 ·