Bharat Samvidhan
BNSS Section 304

Section 304 BNSS: Section 304 of the Act

Official criminal procedure provision under the Bharatiya Nagarik Suraksha Sanhita, 2023.

Official Statutory Wording (100% Legally Correct)

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).

Simplified Legal Summary

This section details the statutory rules, frameworks, and procedures under Section 304 of the BNSS.

Legal Compliance Notice

This content is compiled from the official Gazette of India publication. For active legal actions, petitions, or filings, citizens are advised to cross-reference this clause with their legal advocate under the corresponding Sections of the BNSS 2023.

Frequently Asked Questions (FAQs)

Q: What does BNSS Section 304 cover?

A: Section 304 of the BNSS 2023 deals with: "Section 304 of the Act". It is part of India's updated criminal procedure law that replaced the old CrPC 1973, effective July 1, 2024.

Q: Which old CrPC section does BNSS Section 304 replace?

A: BNSS Section 304 ("Section 304 of the Act") is part of the BNSS 2023 which replaced the entire CrPC 1973. Many sections were renumbered — use the Law Decoder for exact cross-references.

Q: Does BNSS Section 304 apply across all Indian states?

A: Yes. BNSS 2023 applies to the whole of India except Nagaland and specified tribal areas (per Section 1 BNSS). Section 304 ("Section 304 of the Act") follows this national applicability.

Q: When did BNSS Section 304 come into effect?

A: The BNSS 2023 — including Section 304 ("Section 304 of the Act") — came into effect on July 1, 2024, by Central Government notification in the Official Gazette.