Section 266 CrPC: Definitions of Detained and Prison
Section 266 of the Code of Criminal Procedure, 1973 defined the expressions "detained" and "prison" for the chapter dealing with attendance of persons confined or detained in prisons. The corresponding current provision is Section 301 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Text of Section 266 CrPC
In this Chapter,—
(a) "detained" includes detained under any law providing for preventive detention;
(b) "prison" includes,—
(i) any place which has been declared by the State Government, by general or special order, to be a subsidiary jail;
(ii) any reformatory, Borstal institution or institution of a like nature.
Meaning and scope of Section 266
Section 266 formed part of Chapter XXII of the CrPC, titled "Attendance of Persons Confined or Detained in Prisons". The definitions were intended to clarify the persons and institutions covered by the chapter's procedures for securing attendance before a criminal court. They are chapter-specific definitions, not an independent power to arrest, detain or transfer a person.
1. Meaning of "detained" under Section 266(a)
The word "detained" expressly includes detention under a law providing for preventive detention. Preventive detention refers to detention authorised under a preventive-detention statute, subject to its legal and constitutional safeguards, rather than imprisonment imposed as punishment after conviction. Consequently, the chapter's prisoner-attendance procedures are not confined to persons serving sentences or awaiting trial.
2. Meaning of "prison" under Section 266(b)
The definition of "prison" is inclusive. Besides an ordinary prison, it covers a place declared by the State Government through a general or special order to be a subsidiary jail, as well as a reformatory, Borstal institution or institution of a similar nature. Whether a particular institution is covered depends on the applicable statutory framework and, where relevant, the government declaration.
3. Why the definitions matter
These definitions help determine the reach of provisions allowing courts to require the attendance of confined or detained persons for proceedings or testimony. Under the former CrPC, the related power appeared in Section 267; under the BNSS, the corresponding provision is Section 302. A court production order remains subject to the conditions, exceptions and procedures in the governing statute.
Current law: Section 301 BNSS, 2023
Section 301 of the BNSS is located in Chapter XXIV: Attendance of Persons Confined or Detained in Prisons. It retains the same two defined expressions: "detained" includes detention under preventive-detention laws, and "prison" includes subsidiary jails and reformatory or Borstal-type institutions. The newer text uses "other institution of a like nature" in clause (b)(ii), without materially altering the central definition.
| Subject | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Definitions of detained and prison | Section 266 | Section 301 |
| Power to require attendance of prisoners | Section 267 | Section 302 |
| Government power to exclude certain persons from production provisions | Section 268 | Section 303 |
| Officer in charge of prison not to carry out an order in specified circumstances | Section 269 | Section 304 |
| Prisoner to be brought to court in custody | Section 270 | Section 305 |
The BNSS contains modifications in certain related provisions. The table is a guide to corresponding section numbers and should not be treated as a statement that every procedural requirement is identical.
Application after 1 July 2024
Section 531 BNSS repeals the CrPC and preserves specified pending matters under its savings provisions. In particular, the treatment of an appeal, application, trial, inquiry or investigation pending immediately before commencement must be considered under that section. The applicable procedure should therefore be determined from the nature and timing of the proceeding rather than assuming that the former CrPC governs every case involving an event before July 2024.
Frequently asked questions
What does Section 266 CrPC define?
It defines "detained" and "prison" for the CrPC chapter dealing with the attendance of persons confined or detained in prisons.
Does "detained" include preventive detention?
Yes. Section 266(a) expressly includes detention under a law providing for preventive detention.
Is a subsidiary jail included in the meaning of prison?
Yes, where the State Government has declared the place to be a subsidiary jail by a general or special order.
Which BNSS section replaces Section 266 CrPC?
Section 301 BNSS is the corresponding definitions provision, effective under the new procedural code from 1 July 2024.
Official legal references
- Bureau of Police Research and Development: Bharatiya Nagarik Suraksha Sanhita, 2023 (PDF) — see Sections 301 to 305 and 531.
- National Crime Records Bureau: New Criminal Laws Compendium — statutory indexes and corresponding section tables.
- India Code, Government of India — official repository for central legislation, including the CrPC and BNSS.
Updated: 18 October 2026. This article is general legal information; the applicable statutory text and judicial orders should be checked for a particular proceeding.