Section 301 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 301 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 provides essential definitions for terms used in Chapter XXIV, which pertains to the attendance of persons confined or detained in prisons. This chapter outlines the procedures for ensuring that individuals who are incarcerated can be brought before a court when necessary, such as for trial or to provide testimony.(
📜 Text of Section 301
Section 301: Definitions
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 institution of a like nature.
🧭 Practical Implications
Comprehensive Definition of "Detained": By including individuals detained under preventive detention laws, this section ensures that the provisions of this chapter apply to all persons held in custody, regardless of the legal basis for their detention.
Broad Interpretation of "Prison": The inclusion of subsidiary jails, reformatories, and Borstal institutions under the definition of "prison" ensures that the legal provisions governing the attendance of detained persons apply uniformly across various types of detention facilities.(
Consistency with Previous Legislation: This approach aligns with the definitions provided in the Criminal Procedure Code (Cr.P.C.), ensuring continuity and clarity in the application of the law.
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