What Is BNSS Section 301?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 301: Definitions

In this Chapter,—

• (a) "detained" includes detained under any law providing for preventive detention;
• (b) "prison" includes,—
• (i) any place which has been declared by the State Government, by general or special order, to be a subsidiary jail;
• (ii) any reformatory, Borstal institution or institution of a like nature.

Brief Detail

Section 301 of the Bharatiya Nagarik Suraksha Sanhita, 2023 defines key terms related to detention and prison. It clarifies that "detained" refers to individuals held under preventive detention laws, while "prison" encompasses various facilities designated by the State Government, including subsidiary jails and reformatories.

Question & Answers

Q1: What does "detained" refer to in Section 301?

A1: "Detained" refers to individuals held under any law providing for preventive detention.

Q2: What types of places are included under the definition of "prison"?

A2: "Prison" includes places declared by the State Government as subsidiary jails, as well as reformatories and similar institutions.

Q3: Who has the authority to declare a place as a subsidiary jail?

A3: The State Government has the authority to declare a place as a subsidiary jail by general or special order.

Q4: Are reformatories included in the definition of "prison"?

A4: Yes, reformatories and Borstal institutions are included in the definition of "prison".

Example

- Example of "detained": An individual held without trial under preventive detention laws is considered "detained."

- Example of "prison": A facility designated by the State Government as a subsidiary jail for short-term offenders is classified as "prison."

Summary

Section 301 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides definitions for key terms related to detention and prison. It establishes that "detained" pertains to individuals held under preventive detention, while "prison" encompasses various types of facilities, including subsidiary jails and reformatories designated by the State Government.