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CrPC · Chapter XXII · Attendance of persons confined or detained in prisons

CrPC section 271 in the BNSS

CrPC 271BNSS 306

CrPC section 271, “Power to issue commission for examination of witness in prison”, is now BNSS section 306 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.

What changed

From CrPC 271 to BNSS 306

Now BNSS section 306, with the same power.

The official text

Old and new, side by side

Code of Criminal Procedure, 1973

Section 271 Power to issue commission for examination of witness in prison

The provisions of this Chapter shall be without prejudice to the power of the Court to issue, under section 284, a commission for the examination, as a witness, of any person confined or detained in a prison; and the provisions of Part B of Chapter XXIII shall apply in relation to the examination on commission of any such person in the prison as they apply in relation to the examination on commission of any other person.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 306 Power to issue commission for examination of witness in prison

The provisions of this Chapter shall be without prejudice to the power of the Court to issue, under section 319, a commission for the examination, as a witness, of any person confined or detained in a prison; and the provisions of Part B of Chapter XXV shall apply in relation to the examination on commission of any such person in the prison as they apply in relation to the examination on commission of any other person.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNSS repealed the CrPC from 1 July 2024 (section 531(1)). Any appeal, application, trial, inquiry or investigation pending immediately before that date is disposed of under the CrPC as it then stood, as if the BNSS had not come into force (section 531(2)(a)). Anything not pending on that date follows the BNSS.

Sources

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