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BNSS Section 301
Code: 301
Explanation: This section defines key terms used in the Chapter concerning detention and imprisonment.
- “Detained”: This term encompasses detention under any law that allows for preventive detention, meaning holding someone in custody to prevent them from committing an offense.
- “Prison”: This term includes:
- Subsidiary Jails: These are places designated by the State Government as auxiliary detention facilities.
- Reformatories, Borstal Institutions, and Similar Institutions: These are institutions designed for the rehabilitation and correction of offenders, particularly young offenders.
Illustration
Suppose someone is detained under the National Security Act (NSA) for preventive detention. This detention would fall under the definition of “detained” in Section 301(a). Similarly, if a young offender is sent to a Borstal institution for rehabilitation, the institution would be considered a “prison” under Section 301(b)(ii).
Common Questions and Answers
- Q: Does “detained” include someone arrested for a crime?
- A: Yes, as arrest is a form of detention under the law.
- Q: Can a private facility be designated as a subsidiary jail?
- A: Yes, the State Government can designate any place, including a private facility, as a subsidiary jail through a general or special order.
- Q: What is the purpose of defining “prison” so broadly?
- A: This broad definition ensures that the provisions of the Chapter concerning detention and imprisonment apply to all types of detention facilities, including those designed for rehabilitation.
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