Section 305 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 305 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
📜 Full Text of Section 305
Prisoner to be brought to Court in custody
Subject to the provisions of section 304, the officer in charge of the prison shall, upon delivery of an order made under sub-section (1) of section 302 and duly countersigned, where necessary, under sub-section (2) thereof, cause the person named in the order to be taken to the Court in which his attendance is required, so as to be present there at the time mentioned in the order, and shall cause him to be kept in custody in or near the Court until he has been examined or until the Court authorises him to be taken back to the prison in which he was confined or detained.
⚖️ Corresponding Provision in the Indian Penal Code (IPC)
Section 305 of the BNSS, 2023, corresponds to Section 270 of the Indian Penal Code (IPC). Both provisions mandate that a prisoner be brought to court in custody upon receiving a duly signed order, ensuring their presence for examination or trial.
🧭 Purpose and Significance
Ensuring Court Attendance: This section ensures that prisoners are presented in court as required, facilitating the judicial process.
Maintaining Custody: It mandates that the prisoner remains in custody in or near the court until their examination or until authorized to return to prison, ensuring security and order during court proceedings.
Legal Consistency: Aligning with the IPC, this provision maintains consistency in the legal framework governing the transportation and custody of prisoners during court appearances.
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