in charge of prison to abstain from carrying out order contingencies.—Where the person in respect of whom an order is made under section 302— in certain (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 or the Central Government under section 303 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).
Bharatiya Nagarik Suraksha Sanhita
Section 304
Officer
⚡ Quick Answer Reference: Section 304 BNSS
- Provision: Section 304 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
- Jurisdiction: India
- Summary: When a court orders the removal of a prisoner, the prison officer must not carry out the order if the prisoner is too sick, in custody for a short time, or has a special order from the government. The officer must explain why they are not carrying out the order and send it to the court.
What does Section 304 of BNSS say?
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What does Section 304 of BNSS mean?
Plain English Explanation
When a court orders the removal of a prisoner, the prison officer must not carry out the order if the prisoner is too sick, in custody for a short time, or has a special order from the government. The officer must explain why they are not carrying out the order and send it to the court.
Practical Interpretation
In real practice, this section means that prison officers must carefully consider the circumstances before removing a prisoner. If the prisoner is too sick or has a short custody period, the officer can delay the removal. However, if the prisoner needs to give evidence, the officer must still remove them.
Core Legal Purpose
The core purpose of this section is to ensure that prisoners are not removed unnecessarily, especially if they are too sick or have a short custody period. This section aims to balance the need for prisoners to attend court with the need to protect their health and well-being.
- •The prisoner is too sick or infirm to be removed from the prison.
- •The prisoner is under committal for trial or under remand pending trial or pending a preliminary investigation.
- •The prisoner is in custody for a period that would expire before the expiration of the time required for complying with the order and for taking them back to the prison.
- •The prisoner has a special order from the State Government or the Central Government under section 303.
Practical Example of Section 304 BNSS
Rajesh, a prisoner, is too sick to be removed from the prison. The prison officer, Mr. Kumar, decides not to carry out the court's order to remove Rajesh. Mr. Kumar sends a statement to the court explaining why he is not removing Rajesh. This is an example of how section 304 applies in everyday situations.
Frequently Asked Questions about Section 304 BNSS
Q: What is the punishment or consequence under Section 304 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to public entities, specifically prison officers in charge of prisons.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.
Common Questions about Section 304 BNSS
What is Section 304 of BNSS?
Section 304 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Officer". In plain terms: When a court orders the removal of a prisoner, the prison officer must not carry out the order if the prisoner is too sick, in custody for a short time, or has a special order from the government. The officer must explain why they are not carrying out the order and send it to the court.
What is the punishment under Section 304 of BNSS?
Section 304 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 304 of BNSS bailable or non-bailable?
Whether Section 304 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 304 of BNSS?
The essential elements of Section 304 of BNSS are: The prisoner is too sick or infirm to be removed from the prison.; The prisoner is under committal for trial or under remand pending trial or pending a preliminary investigation.; The prisoner is in custody for a period that would expire before the expiration of the time required for complying with the order and for taking them back to the prison..
Landmark Judgments under Section 304 BNSS
Patnahcucisdb94 High Court (10 8)
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 304
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