CrPC Section 268 — Power of State Government to exclude certain persons from operation of section 267

Summary

Sub-section (1) allows the State Government, at any time, to issue a general or special order that a person or class of persons must not be taken out of the prison where they are confined or detained. While the order remains in force, an order under section 267 has no effect in relation to that person or class, whether it was made before or after the State Government’s order.

Sub-section (2) requires the State Government to consider the matters listed before making an order under sub-section (1): (a) the nature of the offence, or the grounds, for which the person or class was ordered to be confined or detained in prison; (b) the likelihood of a disturbance of public order if they are allowed to be taken out of prison; and (c) the public interest generally.

Official Text

(1) The State Government 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 267, whether before or after the order of the State 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 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.

Sections referred to

• CrPC §267 — Power to require attendance of prisoners

Referred to by

• CrPC §269 — Officer in charge of prison to abstain from carrying out order in certain contingencies

Old <-> New Code Mapping

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