Bharatiya Nagarik Suraksha Sanhita, 2023

Section 306 BNSS: Power to Issue Commission for Examination of Witness in Prison

Section 306 of the Bharatiya Nagarik Suraksha Sanhita, 2023 preserves the Court's power to issue a commission for examining a person who is confined or detained in prison. The provision must be read with Section 319 and the provisions governing examination of witnesses on commission.

In force: The BNSS is Act 46 of 2023 and, subject to the notified exception concerning the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, came into force on 1 July 2024.

Text of Section 306 BNSS

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.

Meaning and scope of Section 306

The phrase "without prejudice" means that the powers dealing with production or attendance of prisoners under this Chapter do not take away the separate power of the Court to examine a prisoner through a commission. Section 306 therefore preserves an alternative procedural mechanism when the person whose evidence is required is confined or detained in prison.

The provision expressly connects Section 306 with Section 319 BNSS. Section 319 deals with circumstances in which the attendance of a witness may be dispensed with and a commission may be issued for examination of that witness. For a person in prison, Section 306 makes clear that this commission procedure remains available.

Key points under Section 306 BNSS

Who is covered: a person confined or detained in a prison who is required to be examined as a witness.
Power of the Court: the Court may use its commission power under Section 319 instead of treating physical production before the Court as the only available method.
Applicable procedure: the rules in Part B of Chapter XXV relating to examination on commission apply to examination of the prisoner in the same manner as they apply to another person examined on commission.
Purpose: the provision enables evidence to be recorded through a legally recognised procedure even when personal attendance of a witness in custody is not the chosen course.

Relationship with Sections 302 to 305 BNSS

Sections 302 to 305 deal broadly with requiring attendance of prisoners, exclusion of specified persons from the operation of Section 302, circumstances in which the officer in charge of a prison may abstain from carrying out an order, and production of a prisoner in Court in custody. Section 306 complements those provisions by preserving examination through commission.

Section 306 and Section 319 BNSS

Section 319 is titled "When attendance of witness may be dispensed with and commission issued". Section 306 specifically refers to that power for a person confined or detained in prison. In practical terms, Section 306 should therefore be read as a saving provision: it confirms that the prisoner-attendance provisions do not restrict the Court's commission jurisdiction.

Official legal references

For the authoritative text and current status of the enactment, refer to the official Government sources below:

This page is intended for general legal information. The statutory text and applicable procedural orders should be checked before relying on the provision in a specific proceeding.