Section 303 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 303 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 empowers the State or Central Government to issue orders that prevent certain individuals or groups from being removed from prison, overriding court orders under Section 302.
Text of Section 303
Power of State Government or Central Government to exclude certain persons from operation of 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 from the prison in which they are confined or detained. While such an order remains in force, no order made under section 302 shall have effect in respect of such person or class of persons.(
Before making an order under sub-section (1), the State or Central Government shall consider the following:
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;
The likelihood of disturbance of public order if the person or class of persons is allowed to be removed from the prison
The public interest, generally
Explanation
Section 303 grants the State or Central Government the authority to prevent the removal of certain prisoners from their place of confinement, even if a court has issued an order under Section 302 for their attendance elsewhere. This power is exercised through a general or special order and is intended to maintain public order and uphold public interest.
Key Considerations Before Issuing an Order:
Nature of the Offence: The seriousness of the offence for which the individual is detained.
Public Order: The potential for public unrest or disturbance if the individual is removed.(
Public Interest: The broader implications for society and governance.
This provision ensures that decisions regarding the movement of prisoners are made with due consideration of security, public order, and societal welfare.
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