Section 304 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 304 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses situations where the officer in charge of a prison may abstain from executing a court order to produce a prisoner
📜 Section 304: Officer in Charge of Prison to Abstain from Carrying Out Order in Certain Contingencies
Under Section 304, the officer in charge of a prison is permitted to abstain from carrying out a court order to produce a prisoner if:
(a) The prisoner is unfit for removal due to sickness or infirmity;
(b) The prisoner is under committal for trial or remand pending trial or preliminary investigation;
(c) The remaining custody period is shorter than the time required to comply with the order and return the prisoner;
(d) An order under Section 303 of the BNSS applies to the prisoner
In such cases, the officer must send a statement of reasons to the court. However, if the prisoner is required to give evidence within 25 kilometers of the prison, the officer cannot abstain under clause (b).
⚖️ Comparison with CrPC Section 269
Section 304 of the BNSS aligns with Section 269 of the Code of Criminal Procedure (CrPC), 1973, which also allows prison authorities to abstain from executing court orders under similar circumstances. Both provisions aim to balance the administration of justice with the practicalities of prisoner management.(
🧾 Example Scenario
Scenario: A prisoner, Ravi, is critically ill and requires constant medical attention. The court issues an order to produce him for a hearing.
Application of Section 304: The officer in charge of the prison, citing Ravi's unfit condition due to sickness, abstains from carrying out the court's order and informs the court with a written statement of reasons.
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