Power of State Government or Central Government to exclude certain persons from operation of section 302.
What this section does
The State Government or Central Government may, by general or special order, direct that any person or class of persons shall not be removed from prison, thereby overriding any court order made under section 302. Before making such an order, the government must consider the nature of the offence, the likelihood of public order disturbance, and the public interest generally. The exclusion order remains operative as long as it is in force.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- State Government · Central Government
- Time limit
- None
Derived from CrPC s.268.
Read the official text
For the binding statutory text of BNSS Section 303, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 303 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.