Section 301 BNSS: Definitions of "Detained" and "Prison"
Section 301 of the Bharatiya Nagarik Suraksha Sanhita, 2023 defines the expressions "detained" and "prison" for Chapter XXIV, which deals with the attendance of persons confined or detained in prisons.
Section 301 BNSS - Statutory Text
301. Definitions. In this Chapter,-
(a) "detained" includes detained under any law providing for preventive detention;
(b) "prison" includes,-
(i) any place which has been declared by the State Government, by general or special order, to be a subsidiary jail;
(ii) any reformatory, Borstal institution or other institution of a like nature.
Meaning and Scope of Section 301
Section 301 is a chapter-specific definition provision. Its definitions apply when interpreting the provisions in Chapter XXIV of the BNSS concerning the attendance before a Court of persons who are confined or detained in prisons.
Meaning of "detained"
For this Chapter, a person who is "detained" includes a person held under a law providing for preventive detention. The definition therefore extends beyond detention following conviction or ordinary criminal-process custody.
Meaning of "prison"
The expression "prison" is given an inclusive meaning. It covers an ordinary prison and also includes a place declared by the State Government, by general or special order, to be a subsidiary jail. It further includes a reformatory, a Borstal institution, and another institution of a similar nature.
Why Section 301 Matters
The definitions in Section 301 determine the range of persons and institutions covered by the succeeding provisions of Chapter XXIV. Those provisions regulate matters such as requiring the attendance of prisoners before Court, circumstances in which certain persons may be excluded from production, production of prisoners in custody, and examination of a witness in prison.
Section 301 BNSS and the Earlier CrPC
Section 301 BNSS corresponds to Section 266 of the Code of Criminal Procedure, 1973, which also contained the definitions used for the chapter dealing with attendance of persons confined or detained in prisons.
Key Points
- Section 301 applies specifically to Chapter XXIV of the BNSS.
- "Detained" expressly includes preventive detention under any law providing for it.
- "Prison" includes a subsidiary jail declared by the State Government.
- "Prison" also includes a reformatory, Borstal institution, or another institution of a like nature.
- The provision should be read with Sections 302 to 306, which deal with the attendance and examination of persons confined or detained in prisons.
Official Legal Sources
For the authoritative text and current official materials, refer to the Government of India resources linked in the sidebar, including India Code and the Ministry of Home Affairs. The BNSS is Act No. 46 of 2023 and, subject to the commencement notification, came into force on 1 July 2024.