Officer in charge of prison to abstain from carrying out order in certain contingencies.

What this section does

The officer in charge of a prison must abstain from executing a court production order under section 302 if the prisoner is unfit due to sickness or infirmity, is under committal or remand, would be in custody for a period expiring before compliance is complete, or is covered by a government exclusion order under section 303. The officer must send the court a statement of reasons for abstaining. However, the officer cannot abstain on the ground of remand alone if the prisoner's evidence is required at a place within twenty-five kilometres of the prison.

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

Procedure at a glance

Key actors

Officer in charge of prison · Criminal Court · State Government · Central Government

Time limit

None

Derived from CrPC s.269.