Bharatiya Nagarik Suraksha Sanhita, 2023
Section 304, BNSS: Officer in charge of prison to abstain from carrying out order in certain contingencies
Section 304 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in the Act's own words, with the CrPC provision it replaces.
What it replaces
| BNSS provision | CrPC provision | Relation |
|---|---|---|
| Section 304 | Section 269 | corresponds |
From the Bureau of Police Research and Development's official comparison summary (source below). The whole table: CrPC to BNSS.
The section
304. Officer in charge of prison to abstain from carrying out order in certain contingencies.
Where the person in respect of whom an order is made under section 302--- (a) is by reason of sickness or infirmity unfit to be removed from the prison; or (b) is under committal for trial or under remand pending trial or pending a preliminary investigation; or (c) is in custody for a period which would expire before the expiration of the time required for complying with the order and for taking him back to the prison in which he is confined or detained; or (d) is a person to whom an order made by the State Government or the Central Government under section 303 applies, the officer in charge of the prison shall abstain from carrying out the Court's order and shall send to the Court a statement of reasons for so abstaining: Provided that where the attendance of such person is required for giving evidence at a place not more than twenty-five kilometres distance from the prison, the officer in charge of the prison shall not so abstain for the reason mentioned in clause (b).The text is India Code's consolidated text as loaded into Pundora's statute corpus on 1 September 2026. A section quoted in a draft checked by Pundora is checked against this text.
Sources
- India Code: Bharatiya Nagarik Suraksha Sanhita, 2023, section 304 (read 1 September 2026)
- Bureau of Police Research and Development: comparison summary, BNSS to CrPC (read 1 September 2026)