Section 302 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

08 Jun 2025 --
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Section 302 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Power to Require Attendance of Prisoners

📜 Text of Section 302

Section 302. Power to require attendance of prisoners.

Order for Production: Whenever, in the course of an inquiry, trial, or proceeding under this Sanhita, it appears to a Criminal Court—

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

that it is necessary for the ends of justice to examine such person as a witness,

Countersignature Requirement: 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.

Statement of Facts for Countersignature: 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

⚖️ Legal Context and Purpose

Section 302 of the BNSS, 2023, mirrors the provisions of Section 267 of the Code of Criminal Procedure (CrPC), 1973. It grants Criminal Courts the authority to direct the production of a person confined or detained in prison for the purposes of answering charges or providing testimony. This ensures that individuals who are incarcerated can be brought before the Court when their presence is essential for the administration of justice.(

The requirement for countersignature by the Chief Judicial Magistrate serves as an additional layer of oversight, ensuring that such orders are made judiciously and are necessary for the proceedings.

🧭 Illustrative Example

Scenario: A person named Ravi is detained in a high-security prison for a serious offence. During the trial of another individual, it becomes apparent that Ravi possesses crucial information that could impact the case

Application of Section 302:

Court's Determination: The Court assesses that Ravi's testimony is vital for the ends of justice.

Issuance of Order: The Magistrate issues an order directing the officer in charge of the prison to produce Ravi before the Court.

Countersignature Requirement: Since the order is made by a Magistrate of the second class, it is forwarded to the Chief Judicial Magistrate for countersignature

Submission of Statement: The Magistrate provides a statement detailing the facts that necessitate Ravi's appearance.

Review and Decision: The Chief Judicial Magistrate reviews the statement and, finding the reasons compelling, countersigns the order.

Execution of Order: The officer in charge of the prison is then directed to produce Ravi before the Court for examination.(

Outcome: Ravi's testimony is recorded, contributing to the fair adjudication of the case.

📌 Conclusion

Section 302 of the BNSS, 2023, facilitates the inclusion of incarcerated individuals in legal proceedings when their presence is crucial for justice. By incorporating a system of checks through the countersignature requirement, it ensures that such measures are employed appropriately, balancing the needs of the judicial process with the rights of the individuals involved.