Section 302 of BNSS : Section 302: Power to require attendance of prisoners.

Explanation using Example

Example 1:

Scenario: A Criminal Court is conducting a trial for a robbery case. During the trial, it becomes evident that a key witness, who is currently serving a sentence in a different prison for an unrelated crime, needs to testify to provide crucial evidence.

Application of Section 302:

1. The Criminal Court determines that the witness, who is confined in prison, should be brought before the Court to give testimony.
2. The Court issues an order to the officer in charge of the prison where the witness is detained, requiring the production of the witness before the Court.
3. If the order is issued by a Magistrate of the second class, it must be countersigned by the Chief Judicial Magistrate.
4. The order is accompanied by a statement of facts explaining why the witness's testimony is necessary for the trial.
5. The Chief Judicial Magistrate reviews the statement and, if satisfied, countersigns the order.
6. The officer in charge of the prison then arranges for the witness to be brought to the Court to testify.

Example 2:

Scenario: During an inquiry into a large-scale fraud case, the investigating officers discover that one of the accused, who has crucial information about the fraud, is currently detained in a different prison for a separate offense.

Application of Section 302:

1. The Criminal Court handling the fraud case decides that the accused, who is detained in another prison, needs to be brought before the Court to answer charges related to the fraud.
2. The Court issues an order to the officer in charge of the prison where the accused is detained, requiring the production of the accused before the Court.
3. If the order is ...

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