Subject to the provisions of section 304, the officer in charge of the prison shall, upon delivery of an order made under sub-section (1) of section 302 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.
Bharatiya Nagarik Suraksha Sanhita
Section 305
Prisoner to be brought to Court in custody
Englishहिंदी
⚡ Quick Answer Reference: Section 305 BNSS
- Provision: Section 305 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
- Jurisdiction: India
- Summary: The officer in charge of a prison must bring a prisoner to court in custody when ordered by a court. The prisoner must be present at the time mentioned in the order and can be kept in custody until they are examined or the court allows them to return to prison.
Statutory Content
What does Section 305 of BNSS say?
Indian StandardSection 305, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 305 (India)
Court Pleading StandardSection 305 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/305
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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 305 of BNSS mean?
Plain English Explanation
The officer in charge of a prison must bring a prisoner to court in custody when ordered by a court. The prisoner must be present at the time mentioned in the order and can be kept in custody until they are examined or the court allows them to return to prison.
Practical Interpretation
This section is typically applied when a court requires a prisoner's attendance for examination or other purposes. The officer in charge of the prison must follow the court's order and ensure the prisoner's presence at the specified time.
Core Legal Purpose
The core purpose of this section is to ensure that prisoners are brought to court in custody when required by a court order, and that they are kept in custody until they are examined or released by the court.
Key Legal Elements
- •The officer in charge of the prison must receive a court order made under Section 302.
- •The order must be duly countersigned, if necessary.
- •The prisoner must be taken to the court in which their attendance is required.
- •The prisoner must be kept in custody in or near the court until they are examined or released by the court.
Practical Example
Practical Example of Section 305 BNSS
Rajesh, a prisoner, is required to attend a court hearing for examination. The court issues an order under Section 302, which is delivered to the officer in charge of the prison. The officer must bring Rajesh to the court in custody and keep him there until he is examined by the court. If the court allows, Rajesh can be taken back to prison.
Common Questions (FAQ)
Frequently Asked Questions about Section 305 BNSS
Q: What is the punishment or consequence under Section 305 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 the officer in charge of a prison, and not to private individuals.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal offenses. Therefore, it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 305 BNSS
What is Section 305 of BNSS?
Section 305 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Prisoner to be brought to Court in custody". In plain terms: The officer in charge of a prison must bring a prisoner to court in custody when ordered by a court. The prisoner must be present at the time mentioned in the order and can be kept in custody until they are examined or the court allows them to return to prison.
What is the punishment under Section 305 of BNSS?
Section 305 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 305 of BNSS bailable or non-bailable?
Whether Section 305 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 305 of BNSS?
The essential elements of Section 305 of BNSS are: The officer in charge of the prison must receive a court order made under Section 302.; The order must be duly countersigned, if necessary.; The prisoner must be taken to the court in which their attendance is required..
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Landmark Judgments under Section 305 BNSS
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