CRPC §268BNSS §303

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

Substantively sameConfidence: mediumStatus: cross checked
Last updated 2026-05-01 · Input coverage: full

Compiled by AI-assisted tools. Verify current status against official sources. Last updated: 2026-04-28.

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Comparison

Old law
CRPC §268
Power of State Government to exclude certain persons from operation of section 267

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

New law
BNSS §303
Government or Central Government to exclude certain of persons. section 302.

303.

(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; Statements of accused not to be used. Non- application of Chapter. Definitions. Power to require attendance of prisoners. Power of State Government or Central Government to exclude certain persons from operation of section 302. (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.

What changedAI-inferred

Power of State Government to exclude certain persons from operation of section 267.

Old position

CrPC 268 is concerned with Power of State Government to exclude certain persons from operation of section 267. Power of State Government to exclude certain persons from operation of section 267

New position

BNSS 303 preserves the framework with drafting modernisations as required by the new code. Topic: Government or Central Government to exclude certain of persons. section 302.. 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

BNSS 303 (Government or Central Government to exclude certain of persons. section 302.) preserves the framework of CrPC 268. BNSS 303 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 303 text: ...

Editorial deltaAI-indicated (source-linked)

BNSS 303 (Government or Central Government to exclude certain of persons. section 302.) preserves the framework of CrPC 268. BNSS 303 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.

BNSS 303 text: 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,...

Transitional note (repeal & savings)

For matters initiated before 1 July 2024, CrPC 268 continues to apply. For matters from that date forward, BNSS 303 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.

Frequently asked

BNSS 303 (Government or Central Government to exclude certain of persons. section 302.). The relationship is classified as substantively_same — see the change-note above for the textual delta.

Sources

Cite this page

Newlaws.in, CRPC §268 → BNSS §303 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/268.

Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01

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