Chapter XXII
Section 268 CrPC: Power of State Government to exclude certain persons from operation of section 267
New Law Update (2024)
Section 279 BNSS
TRIAL COURT
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act 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.
Important Sub-Sections Explained
Section 268(1)
This sub-section empowers the State Government to issue a special or general order preventing specific individuals or groups of people from being moved out of prison, thereby overriding any court orders for their production under Section 267 CrPC.
Section 268(2)
This sub-section mandates the State Government to consider crucial factors such as the nature of the prisoner’s offence, potential public order disturbances, and overall public interest before issuing an exclusion order.