Where the person in respect of whom an order is made under section 302\u2014
(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 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).<\/p>\n","protected":false},"excerpt":{"rendered":"
Where the person in respect of whom an order is made under section 302\u2014(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 apreliminary investigation; or(c) is in custody for a period which would expire before the […]<\/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-1826","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