Section 268 CrPC: Power of State Government to exclude certain persons from operation of section 267
Code of Criminal Procedure, 1973
Section 268 CrPC at a Glance
Section 268 CrPC deals with power of State Government to exclude certain persons from operation of section 267. From 1 July 2024 it is replaced by Section 303 BNSS.
What Section 268 CrPC Says
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.
Source: Section 268, Code of Criminal Procedure, 1973
Section 268 CrPC in Simple Words
Section 268 of the Code of Criminal Procedure, 1973 deals with the power of the State Government to exclude certain persons from the operation of Section 267 CrPC.
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.
Thereupon, 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.
When Section 268 CrPC Applies
- 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.
- 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.
- 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.
- 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.
- Before making an order under Section 268(1) CrPC, the State Government shall have regard to the public interest, generally.
Time Limits Under Section 268 CrPC
- 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”
Example of Section 268 CrPC
When Section 268 CrPC Does Not Apply
- Section 268 CrPC 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 267 CrPC.
- Section 268 CrPC 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 269 CrPC.
- Section 268 CrPC 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 271 CrPC.
Section 268 CrPC Under BNSS 303: What Changed
Section 268 CrPC is now covered under Section 303 BNSS.
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.
View detailed comparison (CrPC 268 vs BNSS 303) →FAQs on Section 268 CrPC
Who may make an order under Section 268 CrPC, and when?▼
Under Section 268(1) CrPC, 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.
What matters must the State Government have regard to before making an order under Section 268 CrPC?▼
Under Section 268(2) CrPC, 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 under Section 268(2)(a) CrPC, 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 268(2)(b) CrPC, and the public interest, generally, under Section 268(2)(c) CrPC.
What is the effect of an order under Section 268 CrPC on an order made under Section 267 CrPC?▼
Under Section 268(1) CrPC, so long as the order of the State Government 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.
Where is Section 268 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼
From 1 July 2024, the Code of Criminal Procedure, 1973 is replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 268(1) CrPC maps to Section 303(1) BNSS and Section 268(2) CrPC maps to Section 303(2) BNSS. 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 reads Power of State Government to exclude certain persons from operation of section 267.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·