Bharatiya Nagarik Suraksha Sanhita

Chapter 24

Attendance of Persons Confined or Detained in Prisons

Section 304 • Officer in charge of prison to abstain from carrying out order in certain contingencies.

Description

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).

📖 Understanding This Section

This section is part of Bharatiya Nagarik Suraksha Sanhita, Chapter 24 (Attendance of Persons Confined or Detained in Prisons). Legal provisions are subject to interpretation by courts and may be amended by legislation. For specific legal advice regarding this section, please consult a qualified legal professional.