BNSS Section 303 — Power of State Government or Central Government to exclude certain persons from operation of section 302

CHAPTER XXIV ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

Criminal

Summary

The State Government or Central Government can issue an order to stop a specific person or a whole group of people from being moved out of the prison where they are held. As long as this government order is in force, any earlier or later order under section 302 that would allow their removal will not apply to them. Before making such an order, the government must consider the nature of the offence or reasons for detention, the risk of disturbing public order if the person is moved, and the overall public interest.

Official Text

(1) The State Government or the Central Government, as the case may be, may, at any time, having regard to the matters specified in sub-section (2), by general or special order, direct that any person or class of persons shall not be removed from the prison in which he or they may be confined or detained, and thereupon, so long as the order remains in force, no order made under section 302, whether before or after the order of the State Government or the Central Government, shall have effect in respect of such person or class of persons.

(2) Before making an order under sub-section (1), the State Government or the Central Government in the cases instituted by its central agency, as the case may be, shall have regard to the following matters, namely:—

(a) the nature of the offence for which, or the grounds on which, the person or class of persons has been ordered to be confined or detained in prison;

(b) the likelihood of the disturbance of public order if the person or class of persons is allowed to be removed from the prison;

(c) the public interest, generally.

Related Judgments

  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2024) Vol.12 p.335 — Supreme Court of India (2024)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §268 — Power of State Government or Central Government to exclude certain persons from operation of section 302