Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 304
Code: Section 304 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation: This section deals with the circumstances under which the officer in charge of a prison can abstain from carrying out a Court’s order to produce a prisoner in court.
Key Provisions:
- (a) Sickness or Infirmity: If the prisoner is too sick or infirm to be safely transported from the prison, the officer in charge can abstain from carrying out the Court’s order.
- (b) Committal for Trial or Remand: If the prisoner is in custody for trial or under remand, the officer in charge can abstain from carrying out the Court’s order unless the prisoner’s attendance is required for giving evidence at a place within 25 kilometers of the prison.
- (c) Short Custody Period: If the prisoner’s remaining custody period is shorter than the time required to comply with the Court’s order and return them to prison, the officer in charge can abstain.
- (d) State Government Order: If a State Government order under Section 303 applies to the prisoner, the officer in charge can abstain.
Procedure: The officer in charge must send a written statement to the Court explaining the reasons for abstaining from carrying out the order.
Illustration: Imagine a prisoner is critically ill and requires constant medical attention. The Court issues an order to produce the prisoner for a hearing. The officer in charge of the prison can abstain from carrying out the order under Section 304(a) because transporting the prisoner could endanger their health.
Common Questions and Answers
- Q: What is the purpose of this section?
- A: Section 304 aims to balance the need for prisoners to appear in court with the practical considerations of their health, safety, and the duration of their custody.
- Q: Can the officer in charge of the prison refuse to produce a prisoner without any reason?
- A: No, the officer must provide valid reasons in a written statement to the Court for abstaining from carrying out the Court’s order.
- Q: Does this section apply to all prisoners?
- A: This section applies to prisoners in custody under the provisions of the BNSS.
- Q: What happens if the Court disagrees with the officer’s reasons for abstaining?
- A: The Court can direct the officer to take necessary steps to produce the prisoner, considering the reasons provided by the officer and the circumstances of the case.
