PANAJI
The Goa Government has issued fresh guidelines under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to regulate producing prisoners before criminal courts in exceptional circumstances.
Citing powers under Section 303 of the BNSS, the government said it would consider cases where a prisoner cannot be physically brought before a court only under “rarest of the rare” situations, with reasons recorded in writing. The Inspector General of Prisons has been directed to submit such proposals with full justification and supporting documents.
“In exercise of the powers conferred by Section 303 of BNSS, the Government of Goa shall consider the cases under exceptional circumstances whereby the prisoner is not in a position to be physically produced before the Criminal Court for justified reason(s) recorded in writing. Inspector General of Prisons shall submit such a proposal in the rarest of the rare cases along with justification and necessary documents,” reads the notification by the Home Department.
Section 302 of the BNSS lays down the procedure for seeking the physical attendance of prisoners for answering charges, attending proceedings or giving evidence. It empowers courts to order prison authorities to produce inmates when necessary for the ends of justice. “..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 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,” the section explains.
However, Section 303 allows the State or Central Government to restrict the removal of certain persons from prison, taking into account the nature of the offence, the risk to public order, and broader public interest.
