In this Chapter,— (a) “detained” includes detained under any law providing for preventive detention; (b) “prison” includes,— (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.
Bharatiya Nagarik Suraksha Sanhita
Section 301
Definitions
Englishहिंदी
⚡ Quick Answer Reference: Section 301 BNSS
- Provision: Section 301 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
- Jurisdiction: India
- Summary: This section defines some key terms used in the Bharatiya Nagarik Suraksha Sanhita (BNSS) Act. It explains what 'detained' means, including preventive detention, and what a 'prison' includes, such as subsidiary jails and certain institutions.
Statutory Content
What does Section 301 of BNSS say?
Indian StandardSection 301, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 301 (India)
Court Pleading StandardSection 301 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/301
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 301 of BNSS mean?
Plain English Explanation
This section defines some key terms used in the Bharatiya Nagarik Suraksha Sanhita (BNSS) Act. It explains what 'detained' means, including preventive detention, and what a 'prison' includes, such as subsidiary jails and certain institutions.
Practical Interpretation
In practical terms, this section helps clarify the scope of the BNSS Act by providing clear definitions for key terms. This ensures that law enforcement and legal professionals understand the Act's provisions accurately.
Core Legal Purpose
The core purpose of this section is to provide a common understanding of key terms used in the BNSS Act, facilitating effective implementation and application of the Act's provisions.
Key Legal Elements
- •The term 'detained' includes preventive detention.
- •A 'prison' includes subsidiary jails and certain institutions.
- •No specific legal test or threshold standard is mentioned in this section.
- •No key exception or limitation is mentioned in this section.
Practical Example
Practical Example of Section 301 BNSS
Rajesh, a citizen of India, is detained under the National Security Act for preventive reasons. The police take him to a subsidiary jail, which has been declared by the State Government as a place of detention. In this scenario, the definition of 'detained' and 'prison' as per Section 301 of BNSS applies, clarifying the legal status of Rajesh's detention and the place of detention.
Common Questions (FAQ)
Frequently Asked Questions about Section 301 BNSS
Q: What is the punishment or consequence under Section 301 of BNSS?
This section is a procedural/definitional provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it defines key terms used in the BNSS Act, which applies to all citizens of India.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural/definitional provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 301 BNSS
What is Section 301 of BNSS?
Section 301 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Definitions". In plain terms: This section defines some key terms used in the Bharatiya Nagarik Suraksha Sanhita (BNSS) Act. It explains what 'detained' means, including preventive detention, and what a 'prison' includes, such as subsidiary jails and certain institutions.
What is the punishment under Section 301 of BNSS?
Section 301 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 301 of BNSS bailable or non-bailable?
Whether Section 301 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 301 of BNSS?
The essential elements of Section 301 of BNSS are: The term 'detained' includes preventive detention.; A 'prison' includes subsidiary jails and certain institutions.; No specific legal test or threshold standard is mentioned in this section..
Landmark Case Laws
Landmark Judgments under Section 301 BNSS
Patnahcucisdb94 High Court (10 8)
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