Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 302
Code: Section 302 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation:
This section deals with the procedure for bringing a prisoner before a Criminal Court for either answering a criminal charge or for giving evidence as a witness.
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Sub-section (1): If during an inquiry, trial, or proceeding under the BNSS, a Criminal Court finds it necessary to bring a person confined or detained in a prison before the Court for:
- Answering a criminal charge;
- Being involved in any proceedings against them; or
- Being examined as a witness (for the ends of justice).
The Court can make an order requiring the officer in charge of the prison to produce the prisoner before the Court.
- Sub-section (2): If the order under sub-section (1) is made by a Second Class Magistrate, it must be countersigned by the Chief Judicial Magistrate before it can be forwarded to and acted upon by the prison authorities.
- Sub-section (3): The order submitted for countersigning must be accompanied by a statement explaining why the Magistrate deems the order necessary. The Chief Judicial Magistrate, after reviewing the statement, can choose to decline countersigning the order.
Illustration:
Imagine a person is in prison for a petty theft. During the trial of a murder case, the prisoner claims to have witnessed the murder. The Criminal Court may order the prison authorities to bring the prisoner to court as a witness in the murder trial.
Common Questions and Answers:
Q: Who can make the order for a prisoner’s production?
A: Any Criminal Court, including Magistrates and higher courts, can make this order.
Q: Does the prisoner have to be brought to court if they refuse?
A: Yes, the prisoner must be brought to court if the Criminal Court orders it. Refusal may lead to further legal consequences.
Q: What happens if the Chief Judicial Magistrate refuses to countersign the order?
A: If the Chief Judicial Magistrate refuses to countersign the order, the prisoner will not be produced before the court.
Q: Can the prisoner be forced to give evidence in court?
A: Yes, the prisoner can be compelled to give evidence in court. However, they have the right to remain silent and may be granted legal representation during the proceedings.
