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BNSS · Section 302 · Chapter XXIV — ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

Power to require attendance of prisoners.

What this section does

A Criminal Court may order the officer in charge of a prison to produce a confined or detained person before it for answering a charge, for proceedings against him, or for examination as a witness. Orders made by a second-class Magistrate must be countersigned by the Chief Judicial Magistrate before being acted upon. The CJM may decline to countersign after considering the statement of facts accompanying the order.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors
Criminal Court · Magistrate · Chief Judicial Magistrate · Officer in charge of prison
Time limit
None
Old-law correspondence

Derived from CrPC s.267.

Read the official text

For the binding statutory text of BNSS Section 302, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 302 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.