Indian criminal procedure | Updated October 2026

Section 267 CrPC: Power to Require Attendance of Prisoners - Section 302 BNSS

Section 267 of the Code of Criminal Procedure, 1973 empowered a criminal court to require a person confined or detained in prison to be produced for a criminal proceeding or to give evidence. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 302.

Current legal position: The BNSS came into force on 1 July 2024 and replaced the CrPC, subject to the repeal and savings provision in Section 531 BNSS. Whether the CrPC or BNSS governs a particular pending proceeding depends on those savings and the facts of the case.

Meaning and scope of Section 267 CrPC

The provision concerns the attendance of a prisoner before a criminal court. It authorises a production order when the court considers the prisoner's presence necessary to answer a criminal charge, participate in proceedings against the prisoner, or give evidence as a witness. A production order is a procedural direction to the prison authorities; it does not, by itself, decide guilt, grant bail or authorise indefinite detention.

Section 267 CrPC - Statutory provisions explained

Sub-section (1): Court's power to order production

During an inquiry, trial or proceeding under the Code, a criminal court may direct the officer in charge of a prison to produce a confined or detained person if:

  • Clause (a): The person must appear to answer a charge of an offence or for proceedings against that person; or
  • Clause (b): The person's examination as a witness is necessary for the ends of justice.

The court may issue an order requiring production for the specified purpose.

Sub-section (2): Countersignature for second-class Magistrate

If a Magistrate of the second class issues the order, the prison officer cannot act on it unless the Chief Judicial Magistrate to whom that Magistrate is subordinate countersigns it.

Sub-section (3): Statement of reasons

The order submitted for countersignature must be accompanied by a statement of the facts making production necessary. The Chief Judicial Magistrate may consider those facts and decline to countersign.

Section 302 BNSS - Corresponding current law

Section 302 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled Power to require attendance of prisoners, substantially carries forward the three-part framework of former Section 267 CrPC: production for proceedings or evidence, countersignature where required, and supporting reasons for countersignature. It appears in Chapter XXIV, dealing with attendance of persons confined or detained in prisons.

For the current statutory wording, consult the official BNSS text published by the Bureau of Police Research and Development and the official NCRB CrPC-BNSS section correspondence table.

Definitions and related safeguards

Prison: Under Section 266 CrPC and corresponding Section 301 BNSS, the term includes notified subsidiary jails and reformatory, Borstal or similar institutions. Detained: The definition includes detention under preventive detention laws.

Production orders must also be read with related provisions. Former Section 268 CrPC corresponds to Section 303 BNSS, concerning exclusion of certain persons from the operation of the production provision. Former Section 269 corresponds to Section 304 BNSS, identifying circumstances in which the prison officer must refrain from carrying out an order. Former Section 270 corresponds to Section 305 BNSS, concerning production in custody.

Jharkhand state amendment to Section 267 CrPC

The original article records a Jharkhand amendment under Jharkhand Act 2 of 2016, Section 2, concerning Section 267(1)(b) CrPC. The amendment provided for production or examination through an electronic video link in the specified context, instead of requiring physical attendance in every case.

As this is a state-specific amendment to the former CrPC, its continuing operation or adaptation under the BNSS should be checked against applicable state legislation, notifications and procedural directions before reliance in a current case.

Practical considerations for a production order

  • The court should identify the proceeding and the purpose for which the prisoner's attendance is needed.
  • The order should be addressed to the officer in charge of the prison holding the person.
  • Where a second-class Magistrate issues the order, the required countersignature and supporting facts are essential.
  • Production remains subject to statutory restrictions, custody requirements and applicable court directions.
  • Where video conferencing is proposed, applicable law, rules and judicial directions should be examined.

Frequently asked questions

What is Section 267 CrPC?

It is the former CrPC provision empowering a criminal court to require production of a person confined or detained in prison for a proceeding or for giving evidence.

Which BNSS section replaces Section 267 CrPC?

Section 302 BNSS is the corresponding provision, effective under the new procedural law from 1 July 2024, subject to statutory savings.

Can a prisoner be produced as a witness?

Yes. Section 267(1)(b) CrPC and Section 302(1)(b) BNSS contemplate production where examination of the person as a witness is necessary for the ends of justice.

Does a production order itself authorise remand?

No. A production order and an order authorising detention or remand perform different legal functions. Any further custody must have an independent legal basis.

Official legal references

This article is for general legal information. Consult the applicable statutory text, state amendments and judicial directions for a particular proceeding.