CrPC 268→BNSS 303

CrPC 268 to BNSS 303: Power of State Government to exclude certain persons from operation of section 267

Section 268 CrPC (1973) replaced by Section 303 BNSS (2023)

View CrPC Section 268 →View BNSS Section 303 →

CrPC 268 to BNSS 303 at a Glance

Section 268 CrPC (Power of State Government to exclude certain persons from operation of section 267) is now Section 303 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 268 to BNSS 303?

From 1 July 2024, Section 268 of the Code of Criminal Procedure, 1973 is replaced by Section 303 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The heading of Section 303 BNSS reads Power of State Government or Central Government to exclude certain persons from operation of section 302, where the heading of Section 268 CrPC read Power of State Government to exclude certain persons from operation of section 267. Section 303(1) BNSS reads The State Government or the Central Government, as the case may be, where Section 268(1) CrPC read The State Government. Section 303(1) BNSS reads the order of the State Government or the Central Government, where Section 268(1) CrPC read the order of the State Government. Section 303(2) BNSS reads the State Government or the Central Government in the cases instituted by its central agency, as the case may be, where Section 268(2) CrPC read the State Government. The words of Section 303(2)(a) BNSS, Section 303(2)(b) BNSS and Section 303(2)(c) BNSS are the same as the words of Section 268(2)(a) CrPC, Section 268(2)(b) CrPC and Section 268(2)(c) CrPC.

CrPC 268 vs BNSS 303: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section268303
HeadingPower of State Government to exclude certain persons from operation of section 267Power of State Government or Central Government to exclude certain persons from operation of section 302
Sub-sections2 sub-sectionsSame
Cross-referencess.267s.302

CrPC 268 and BNSS 303: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 268, CrPC 1973

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.
BNSS 2023 (in force)

Section 303, BNSS 2023

303. Power of State Government or Central Government to exclude certain persons from operation of section 302.—(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.

When It Applies: CrPC 268 vs BNSS 303

Under CrPC 268
  1. The State Government may, at any time, having regard to the matters specified in Section 268(2) CrPC, 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.
  2. So long as the order is in force, no order made under Section 267 CrPC, whether before or after the order of the State Government, shall have effect in respect of such person or class of persons.
  3. Before making an order under Section 268(1) CrPC, the State Government shall have regard to 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.
  4. Before making an order under Section 268(1) CrPC, the State Government shall have regard to the likelihood of the disturbance of public order if the person or class of persons is allowed to be removed from the prison.
  5. Before making an order under Section 268(1) CrPC, the State Government shall have regard to the public interest, generally.
Under BNSS 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 Section 303(2) BNSS, 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.
  2. So long as the order is in force, no order made under Section 302 BNSS, 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.
  3. Before making an order under Section 303(1) BNSS, 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 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.
  4. Before making an order under Section 303(1) BNSS, 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 likelihood of the disturbance of public order if the person or class of persons is allowed to be removed from the prison.
  5. Before making an order under Section 303(1) BNSS, 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 public interest, generally.

Time Limits: CrPC 268 to BNSS 303

Under CrPC 268
  • The State Government may make the order at any time.Act text: “The State Government may, at any time”
  • No order made under Section 267 CrPC shall have effect in respect of such person or class of persons so long as the order of the State Government is in force.Act text: “so long as the order remains in force, no order made under section 267”
Under BNSS 303
  • The State Government or the Central Government, as the case may be, may make the order at any time.Act text: “The State Government or the Central Government, as the case may be, may, at any time”
  • No order made under Section 302 BNSS shall have effect in respect of such person or class of persons so long as the order of the State Government or the Central Government is in force.Act text: “so long as the order remains in force, no order made under section 302”

What CrPC 268 to BNSS 303 Means in Practice

Section 268(1) CrPC reads that the State Government may, by general or special order, direct that any person or class of persons shall not be removed from the prison. Section 303(1) BNSS reads that the State Government or the Central Government, as the case may be, may give that direction.

FAQs: CrPC 268 to BNSS 303

Which provision replaces Section 268 CrPC from 1 July 2024?▼

From 1 July 2024, the Code of Criminal Procedure, 1973 is replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023, and Section 268 CrPC is found in Section 303 BNSS. Section 268(1) CrPC and Section 268(2) CrPC are found in Section 303(1) BNSS and Section 303(2) BNSS. The heading of Section 303 BNSS adds the words or Central Government after the words Power of State Government.

What words does Section 303 BNSS add to Section 268 CrPC?▼

Section 303(1) BNSS adds the words or the Central Government, as the case may be, after the words The State Government, and adds the words or the Central Government after the words the order of the State Government. Section 303(2) BNSS adds the words or the Central Government in the cases instituted by its central agency, as the case may be, after the words the State Government. Section 303 BNSS reads section 302 where Section 268 CrPC read section 267.

Do the matters to be regarded differ between Section 303(2) BNSS and Section 268(2) CrPC?▼

No. The words of Section 303(2)(a) BNSS, Section 303(2)(b) BNSS and Section 303(2)(c) BNSS are the same as the words of Section 268(2)(a) CrPC, Section 268(2)(b) CrPC and Section 268(2)(c) CrPC. They are 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 the disturbance of public order if the person or class of persons is allowed to be removed from the prison, and the public interest, generally.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·