Section 306 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 306 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Provision:
Section 306 of the BNSS, 2023, grants courts the authority to issue a commission for the examination of a person confined or detained in a prison, treating such individuals as witnesses. This provision ensures that the procedures for examining a prisoner as a witness are consistent with those applied to any other person.
Explanation:
Section 306 clarifies that the provisions within its chapter do not limit the court's power to issue a commission under Section 319 for the examination of a person confined or detained in a prison. Furthermore, it specifies that the rules and procedures outlined in Part B of Chapter XXVI, which pertain to the examination of witnesses on commission, apply equally to prisoners.
This ensures that the examination of a prisoner as a witness follows the same legal framework and standards as the examination of any other witness, maintaining consistency and fairness in the judicial process.(
Comparison with the Code of Criminal Procedure (CrPC):
| Provision | BNSS, Section 306 | CrPC, Section 284 |
|---|---|---|
| Power to issue commission for examination of prisoner as witness | Yes | Yes |
| Applicability of examination procedures | Same as other witnesses | Same as other witnesses |
Both the BNSS and the CrPC provide courts with the authority to issue a commission for the examination of a prisoner as a witness, ensuring that the examination procedures are consistent with those applied to other witnesses.(
Illustrative Example:
Scenario: In a criminal case, a key witness is currently serving a sentence in prison. The court requires the testimony of this prisoner to proceed with the case
Application of Section 306:
Issuance of Commission: The court issues a commission under Section 319 to examine the prisoner as a witness.
Examination Procedures: The examination follows the same procedures outlined in Part B of Chapter XXVI, ensuring consistency with the examination of other witnesses.
This process allows the court to obtain the necessary testimony from the prisoner without compromising the fairness or consistency of the judicial proceedings.
Conclusion:
Section 306 of the BNSS, 2023, ensures that individuals confined in prison can be examined as witnesses under the same conditions and procedures as any other witness. By aligning with the provisions of the CrPC, it maintains consistency and fairness in the judicial process, facilitating the administration of justice.
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