Prisoner to be brought to Court in custody
Section 305 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with prisoner to be brought to Court in custody. 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 a The Act came into force on 01 Jul 2024.
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.
Section 305, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 270 Prisoner to be brought to Court in custody Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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K.hanumantha Reddy vs The State of Andhra Pradesh
Decided under Code of Criminal Procedure 270, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
For transfer of a criminal case from one Criminal Court to another Criminal Court within the same Sessions Division, the mandatory first step is to move an application before the Sessions Judge as provided under Section 270 Cr.P.C. Only upon rejection by the Sessions Judge does the High Court acquire jurisdiction to entertain a transfer petition. A direct transfer petition filed in the High Court without first approaching the Sessions Judge is procedurally defective and not maintainable. Additionally, when the magistrate against whom mala fides is alleged has already been transferred, the ground for transfer becomes moot, and the petition deserves dismissal.
On this section: Section 270 Cr.P.C. provides the procedure for transfer of cases from one Criminal Court to another Criminal Court within the same Sessions Division. The Court held that an application must first be moved before the Sessions Judge, and only upon rejection by the Sessions Judge does the High Court acquire jurisdiction to entertain a transfer petition. The petitioner's failure to follow this mandatory procedural step was fatal to the petition.
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O.p. Mishra vs The State Govt of Nct of Delhi
Decided under Code of Criminal Procedure 270, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A prison superintendent cannot be held liable for non-production of an under-trial prisoner when the prisoner is detained in another state's jail by judicial order of a competent court. The duty to produce a prisoner under Sections 267 and 270 of the Criminal Procedure Code is limited to prisoners within the superintendent's custody and control. When a prisoner is detained outside the superintendent's jurisdiction by judicial order, the superintendent is not guilty of non-compliance or dereliction of duty, and the court must appreciate the circumstances that make compliance impossible.
On this section: Prisoner to be brought to court in custody - The court applied this section to establish that the prison officer must produce the prisoner named in the order. However, the court reasoned that this duty presupposes the prisoner is within the officer's custody and control. When a prisoner is detained in another state's jail by judicial order, the duty cannot be performed.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Exhibits P4 and P5 notices issued under Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'the BNSS') are under challenge in this writ petition. Exts.P2 and P3 crimes were registered by the Maradu Police Station alleging offence against the accused under Section 305 of the Bharatiya Nyaya Sanhita. The allegation in both cases is that the accused committed theft of gold ornaments from the houses of the respective defacto complainants. During the course of the investigation, it was found that the stolen gold ornaments were pledged by the accused with the petitioner, …
Questions about Section 305
What have the courts held on Section 305 of the Bharatiya Nagarik Suraksha Sanhita?
K.hanumantha Reddy vs The State of Andhra Pradesh (18 Jan 2011) is the leading judgment on this section among those set out below, though it was decided under CRPC 270, which this section replaced -- the court never mentioned this Act: Section 270 Cr.P.C. provides the procedure for transfer of cases from one Criminal Court to another Criminal Court within the same Sessions Division. The Court held that an application must first be moved before the Sessions Judge, and only upon rejection by the Sessions Judge does the High Court acquire jurisdiction to entertain a transfer petition. The petitioner's failure to follow this mandatory procedural step was fatal to the petition. Another 1 judgment on this section is set out below. They run from 2002 to 2011.
How do I find court cases under Section 305 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 305, section 305 BNSS, section 305 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 305(a) and bnss 305 b. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with K.hanumantha Reddy vs The State of Andhra Pradesh (18 Jan 2011).
What should I read with Section 305 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 302 (Power to require attendance of prisoners), section 304 (Officer in charge of prison to abstain from carrying out order in certain contingencies), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. It carries forward CrPC 270 (Prisoner to be brought to Court in custody), so the judgments decided under that provision are the case law on this one.
When did Section 305 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 305 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 305, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.