Section 270 CrPC: Prisoner to Be Brought to Court in Custody - Section 305 BNSS
Section 270 of the Code of Criminal Procedure, 1973 (CrPC) governed the production of a person confined in prison before a court while remaining in custody. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in force from 1 July 2024, is Section 305.
Text of Section 270 CrPC - Prisoner to Be Brought to Court in Custody
Subject to the provisions of section 269, the officer in charge of the prison shall, upon delivery of an order made under sub-section (1) of section 267 and duly countersigned, where necessary, under sub-section (2) thereof, cause the person named in the order to be taken to the Court in which his attendance is required, so as to be present there at the time mentioned in the order, and shall cause him to be kept in custody in or near the Court until he has been examined or until the Court authorises him to be taken back to the prison in which he was confined or detained.
Section 305 BNSS - Corresponding Current Provision
Section 305 of the BNSS, titled Prisoner to be brought to Court in custody, retains the substantive rule of former Section 270 CrPC, with updated cross-references to Sections 302 and 304 BNSS.
Subject to the provisions of section 304, the officer in charge of the prison shall, upon delivery of an order made under sub-section (1) of section 302 and duly countersigned, where necessary, under sub-section (2) thereof, cause the person named in the order to be taken to the Court in which his attendance is required, so as to be present there at the time mentioned in the order, and shall cause him to be kept in custody in or near the Court until he has been examined or until the Court authorises him to be taken back to the prison in which he was confined or detained.
Meaning and Legal Requirements
The provision imposes a duty on the officer in charge of a prison to arrange the production of a named prisoner before the court when a valid production order has been delivered. The obligation is subject to statutory exceptions and any countersignature required by law.
- Valid court order: The court must issue an order requiring attendance under Section 267(1) CrPC or Section 302(1) BNSS, as applicable.
- Countersignature: The order must be duly countersigned when required under Section 267(2) CrPC or Section 302(2) BNSS.
- Production at the specified time: The prison authorities must arrange for the named person to be present at the court at the time stated in the order.
- Continuing custody: The prisoner must remain in custody in or near the court until examined or until the court authorises return to prison.
- Statutory exceptions: Section 269 CrPC or Section 304 BNSS, as applicable, may require the prison officer not to carry out a production order in specified circumstances.
Related Legal Provisions
| CrPC, 1973 | BNSS, 2023 | Subject |
|---|---|---|
| Section 267 | Section 302 | Power to require attendance of prisoners |
| Section 268 | Section 303 | Government power to exclude specified persons from operation of prisoner attendance provisions |
| Section 269 | Section 304 | Circumstances in which the prison officer must abstain from carrying out an order |
| Section 270 | Section 305 | Prisoner to be brought to court in custody |
| Section 271 | Section 306 | Commission for examination of a witness in prison |
Does Section 270 CrPC Still Apply?
The BNSS came into force on 1 July 2024 and repealed the CrPC subject to Section 531 BNSS. Proceedings already pending immediately before commencement may continue under the CrPC as provided by the savings clause. The applicable procedural statute therefore depends on the nature and status of the particular proceeding, not merely the date on which a prisoner is brought to court.
Practical Illustration
Suppose a person is lodged in a prison and is required as a witness or for answering a charge before a competent court. The court may issue an appropriate production order under the applicable law. Upon receipt of a properly issued and, where necessary, countersigned order, the prison officer must arrange production at the stated time, subject to statutory exceptions. The person remains in custody until the court permits return to prison.
Frequently Asked Questions
What is the equivalent of Section 270 CrPC under the BNSS?
Section 305 BNSS is the corresponding provision. It governs the production of a prisoner before a court while remaining in custody.
Can a prisoner leave court without authorisation after being produced?
No. The provision requires the person to remain in custody in or near the court until examination or until the court authorises return to prison. It does not independently grant a right to release.
Can prison authorities refuse to execute a production order?
They must follow the statutory restrictions and exceptions under Section 269 CrPC or Section 304 BNSS, as applicable. The mere existence of a production order does not override those provisions.
Official Legal Sources
For the enacted legislation and section mapping, consult the Ministry of Home Affairs legislation page, the Bureau of Police Research and Development BNSS comparative text (PDF) and the National Crime Records Bureau BNSS-CrPC correspondence table.