Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXIV: Attendance Of Persons Confined Or Detained In Prisons

Section 304 BNSS: Officer in charge of prison to abstain from carrying out order in certain contingencies

Corresponding CrPC: Section 269 CrPC

Bare Act text

Where the person in respect of whom an order is made under section 302—

(a) is by reason of sickness or infirmity unfit to be removed from the prison; or

(b) is under committal for trial or under remand pending trial or pending a preliminary investigation; or

(c) is in custody for a period which would expire before the expiration of the time required for complying with the order and for taking him back to the prison in which he is confined or detained; or

(d) is a person to whom an order made by the State Government or the Central Government under section 303 applies, the officer in charge of the prison shall abstain from carrying out the Court’s order and shall send to the Court a statement of reasons for so abstaining:

Provided that where the attendance of such person is required for giving evidence at a place not more than twenty-five kilometres distance from the prison, the officer in charge of the prison shall not so abstain for the reason mentioned in clause (b).

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

The officer in charge of a prison must abstain from carrying out a production order under section 302 in specified situations. These include where the person is unfit to be moved by sickness or infirmity, is under committal or remand pending trial or preliminary investigation, or is in custody for a period that would expire before the order can be complied with.