(1) Whenever, in the course of an inquiry, trial or proceeding under this Sanhita,
it appears to a Criminal Court,\u2014
(a) that a person confined or detained in a prison should be brought before the
Court for answering to a charge of an offence, or for the purpose of any proceedings
against him; or
(b) that it is necessary for the ends of justice to examine such person as a
witness,
the Court may make an order requiring the officer in charge of the prison to produce
such person before the Court answering to the charge or for the purpose of such
proceeding or for giving evidence.
(2) Where an order under sub-section (1) is made by a Magistrate of the second class,
it shall not be forwarded to, or acted upon by, the officer in charge of the prison unless it is
countersigned by the Chief Judicial Magistrate, to whom such Magistrate is subordinate.
(3) Every order submitted for countersigning under sub-section (2) shall be
accompanied by a statement of the facts which, in the opinion of the Magistrate, render the
order necessary, and the Chief Judicial Magistrate to whom it is submitted may, after
considering such statement, decline to countersign the order.<\/p>\n","protected":false},"excerpt":{"rendered":"
(1) Whenever, in the course of an inquiry, trial or proceeding under this Sanhita,it appears to a Criminal Court,\u2014(a) that a person confined or detained in a prison should be brought before theCourt for answering to a charge of an offence, or for the purpose of any proceedingsagainst him; or(b) that it is necessary for […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[32],"tags":[125,124,134,132,130,136,137,126,127,123,129,128,133,111,135,112,121,122,113,114,131],"class_list":["post-1822","post","type-post","status-publish","format-standard","category-bharatiya-nagarik-suraksha-sanhita-bnss","tag-bharatiya-nagarik-suraksha-sanhita-2023","tag-bhartiya-nagrik-suraksha-sanhita","tag-bnss-2024-india","tag-bnss-all-sections","tag-bnss-bare-act","tag-bnss-chapter-wise-sections","tag-bnss-fir-section","tag-bnss-full-form","tag-bnss-pdf-download","tag-bnss-sections-in-hindi","tag-bnss-sections-list","tag-bnss-vs-crpc","tag-crpc-replaced-by-bnss","tag-expert-vakil","tag-expert-vakil-bnss","tag-expertvakil","tag-indian-kanoon","tag-indiankanoon","tag-ishan-tathagat","tag-ishantathagat","tag-new-criminal-law-india"],"yoast_head":"\n