Bharatiya Nagarik Suraksha Sanhita

Section 306

Power to issue commission for examination of witness in prison

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⚡ Quick Answer Reference: Section 306 BNSS

Provision: Section 306 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 issue a commission to examine a witness who is in prison, without affecting other provisions in the chapter.

Statutory Content

What does Section 306 of BNSS say?

The provisions of this Chapter shall be without prejudice to the power of the Court to issue, under section 319, 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 XXV 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.

Indian StandardSection 306, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 306 (India)

Court Pleading StandardSection 306 of the Bharatiya Nagarik Suraksha Sanhita

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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 306 of BNSS mean?

Plain English Explanation

This section allows a court to issue a commission to examine a witness who is in prison, without affecting other provisions in the chapter.

Practical Interpretation

In practice, this means a court can gather evidence from a prisoner by issuing a commission, following the same procedures as for other witnesses.

Core Legal Purpose

The purpose is to ensure that a person in prison can still be examined as a witness, without compromising the legal process or the prisoner's rights.

Key Legal Elements

•The court has the power to issue a commission under section 319.
•The person to be examined is confined or detained in a prison.
•The examination on commission must follow the provisions of Part B of Chapter XXV.
•The provisions of this chapter do not limit the court's power to issue a commission.

Practical Example

Practical Example of Section 306 BNSS

For instance, if Rajesh is a key witness in a case but is currently in prison, the court can issue a commission to examine him in prison, following the same procedures as for other witnesses. This ensures that Rajesh's testimony can be considered in the case without requiring him to be physically present in court.

Common Questions (FAQ)

Frequently Asked Questions about Section 306 BNSS

Q: What is the punishment or consequence under Section 306 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 the court's power to issue a commission, which can involve both private individuals and public entities as witnesses or parties to a case.

Q: Is an offence under this section bailable or cognizable?

This section does not deal with offences, so it is neither bailable nor cognizable; it is a procedural provision related to the examination of witnesses.

Common Questions about Section 306 BNSS

What is Section 306 of BNSS?

Section 306 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to issue commission for examination of witness in prison". In plain terms: This section allows a court to issue a commission to examine a witness who is in prison, without affecting other provisions in the chapter.

What is the punishment under Section 306 of BNSS?

Section 306 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 306 of BNSS bailable or non-bailable?

Whether Section 306 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 306 of BNSS?

The essential elements of Section 306 of BNSS are: The court has the power to issue a commission under section 319.; The person to be examined is confined or detained in a prison.; The examination on commission must follow the provisions of Part B of Chapter XXV..

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