Section 303 BNSS: Power of State Government or Central Government to exclude certain persons from operation of section 302 (Formerly Section 268 CrPC)

Section 303 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power of State Government or Central Government to exclude certain persons from operation of section 302

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 303

Section 303 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 268 of the CrPC, 1973) empowers the State Government or Central Government to direct that certain prisoners shall not be removed from prison due to public order or security risks.

Governmental Notification: The appropriate Government may issue a general or special order directing that any person or class of persons shall not be removed from prison.
Statutory Grounds: Must be based on nature of offence, likelihood of disturbance of public order, or public interest.
Suspension of Production Orders: While such order is in force, no Court order under Section 302 requiring removal of such prisoner from prison shall have effect.

Key Landmark Precedents:

Union of India v. C. Dinakar, (2004) 4 SCC 447: Held that executive orders restricting prisoner movement must strictly conform to statutory guidelines and are subject to judicial review under Article 226.
State of West Bengal v. Ashoke Kumar, (1998) 7 SCC 520: Affirmed that Section 268 CrPC (Section 303 BNSS) is an exceptional security measure to prevent jailbreaks or violent public disorder during transit.

Courtroom Practice & Strategic Litigation Guidance:

Where a Section 303 notification bars physical transit of high-risk undertrials, defence and prosecution must conduct all depositions and remand hearings via authorized audio-video electronic links.