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Introduction

 

Section 302 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, provides that whenever, in the course of an enquiry, trial or proceedings under this Sanhita it appears to a criminal court that a person confined or detained in a prison should be brought before the court for answering a charge of an offence, or for the purpose of any proceedings against him or that it is necessary for the ends of justice to examine such a 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.

Whereas section 303 envisages the Power of State Government or Central Government to exclude certain persons from operation of section 302.

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