Section 303 BNSS: Power of State Government or Central Government to exclude certain persons from operation of section 302

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 303 BNSS at a Glance

Section 303 BNSS deals with power of State Government or Central Government to exclude certain persons from operation of section 302. It replaced Section 268 CrPC on 1 July 2024.

Was CrPC

Section 268 →

Section 303 BNSS Bare Act Text

(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.

Source: Section 303, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 303 BNSS in Simple Words

Section 303 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power of the State Government or Central Government to exclude certain persons from the operation of Section 302 BNSS.

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.

Thereupon, 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.

When Section 303 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • 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 Under Section 303 BNSS

  • 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”

Example of Section 303 BNSS

Vikram is confined in a prison, and an order under Section 302 BNSS has been made in respect of Vikram. Having regard to the matters specified in Section 303(2) BNSS, the State Government, by special order, directs under Section 303(1) BNSS that Vikram shall not be removed from the prison in which Vikram is confined. So long as the order of the State Government is in force, no order made under Section 302 BNSS shall have effect in respect of Vikram.

When Section 303 BNSS Does Not Apply

  • Section 303 BNSS speaks of a direction that any person or class of persons shall not be removed from the prison. It does not deal with the power of a Criminal Court to require attendance of prisoners, which is the subject of Section 302 BNSS.
  • Section 303 BNSS speaks of a direction that any person or class of persons shall not be removed from the prison. It does not deal with the officer in charge of a prison abstaining from carrying out an order in certain contingencies, which is the subject of Section 304 BNSS.
  • Section 303 BNSS speaks of a direction that any person or class of persons shall not be removed from the prison. It does not deal with the power to issue a commission for examination of a witness in prison, which is the subject of Section 306 BNSS.

Section 303 BNSS in the CrPC (Previous Law)

Section 303 BNSS replaced Section 268 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 303 BNSS

Who may make an order under Section 303 BNSS, and when?▼

Under Section 303(1) BNSS, 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.

What matters must be regarded before an order is made under Section 303 BNSS?▼

Under Section 303(2) BNSS, 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 under Section 303(2)(a) BNSS, the likelihood of the disturbance of public order if the person or class of persons is allowed to be removed from the prison under Section 303(2)(b) BNSS, and the public interest, generally, under Section 303(2)(c) BNSS.

What is the effect of an order under Section 303 BNSS on an order made under Section 302 BNSS?▼

Under Section 303(1) BNSS, so long as the order of the State Government or the Central Government 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.

What changed from Section 268 CrPC to Section 303 BNSS from 1 July 2024?▼

From 1 July 2024, Section 303 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 268 of the Code of Criminal Procedure, 1973. 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.

Section 303 BNSS: Sub-sections Explained

Section 303(1) BNSS: Power of State Government to exclude certain persons from operation of section 267

▶

Bare Act Text

(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.

Previous Law

CrPC 268 → Section 303(1) BNSS

Section 303(2) BNSS: Power of State Government to exclude certain persons from operation of section 267

▶

Bare Act Text

(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.

Previous Law

CrPC 268(2) → Section 303(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·