(1) Whenever, in the course of an inquiry, trial or proceeding under this Sanhita, 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 answering to the charge or for the purpose of such proceeding or 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.
Bharatiya Nagarik Suraksha Sanhita
Section 302
Power to require attendance of prisoners
⚡ Quick Answer Reference: Section 302 BNSS
- Provision: Section 302 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
- Jurisdiction: India
- Summary: This section allows a court to order the attendance of a prisoner in a prison for various purposes, such as answering to a charge or giving evidence. The court can make this order if it's necessary for the ends of justice. If the order is made by a lower-level magistrate, it needs to be countersigned by a higher-level Chief Judicial Magistrate.
What does Section 302 of BNSS say?
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What does Section 302 of BNSS mean?
Plain English Explanation
This section allows a court to order the attendance of a prisoner in a prison for various purposes, such as answering to a charge or giving evidence. The court can make this order if it's necessary for the ends of justice. If the order is made by a lower-level magistrate, it needs to be countersigned by a higher-level Chief Judicial Magistrate.
Practical Interpretation
In real practice, this section is used when a court needs to examine a prisoner as a witness or to answer to a charge. The court will make an order requiring the prison authorities to produce the prisoner. If the order is made by a lower-level magistrate, it will be sent to the Chief Judicial Magistrate for countersigning.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for courts to ensure that prisoners are brought before them when necessary for the ends of justice. This is essential for ensuring that justice is served and that prisoners are held accountable for their actions.
- •The court must have reason to believe that the prisoner should be brought before it for answering to a charge or for giving evidence.
- •The court must have reason to believe that it is necessary for the ends of justice to examine the prisoner as a witness.
- •The order must be made by a Criminal Court.
- •If the order is made by a Magistrate of the second class, it must be countersigned by the Chief Judicial Magistrate.
Practical Example of Section 302 BNSS
Rajesh, a prisoner, is accused of committing a crime. The court needs to examine him as a witness to gather evidence. The court makes an order under Section 302 of BNSS requiring the prison authorities to produce Rajesh before the court. Since the order is made by a lower-level magistrate, it is sent to the Chief Judicial Magistrate for countersigning. Once countersigned, the prison authorities produce Rajesh before the court, where he is examined as a witness.
Frequently Asked Questions about Section 302 BNSS
Q: What is the purpose of this section?
This section provides a mechanism for courts to ensure that prisoners are brought before them when necessary for the ends of justice.
Q: Does this section apply to private individuals or public entities?
This section applies to prisoners in public prisons and is a procedural provision of the BNSS.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment. Therefore, it is neither bailable nor cognizable.
Common Questions about Section 302 BNSS
What is Section 302 of BNSS?
Section 302 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to require attendance of prisoners". In plain terms: This section allows a court to order the attendance of a prisoner in a prison for various purposes, such as answering to a charge or giving evidence. The court can make this order if it's necessary for the ends of justice. If the order is made by a lower-level magistrate, it needs to be countersigned by a higher-level Chief Judicial Magistrate.
What is the punishment under Section 302 of BNSS?
Section 302 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 302 of BNSS bailable or non-bailable?
Section 302 of BNSS is generally a Non-Bailable offence under Indian criminal procedure.
What are the elements of Section 302 of BNSS?
The essential elements of Section 302 of BNSS are: The court must have reason to believe that the prisoner should be brought before it for answering to a charge or for giving evidence.; The court must have reason to believe that it is necessary for the ends of justice to examine the prisoner as a witness.; The order must be made by a Criminal Court..
Landmark Judgments under Section 302 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 302
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