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

Code of Criminal Procedure, 1973

Statutory 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.

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