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.
Bharatiya Nagarik Suraksha Sanhita
Section 303
Power of State Government or Central Government to exclude certain persons from
⚡ Quick Answer Reference: Section 303 BNSS
- Provision: Section 303 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
- Jurisdiction: India
- Summary: The State Government or Central Government can decide to keep certain people in prison, even if they are eligible for release. This decision is based on the type of crime they committed, the potential impact on public order, and the overall public interest.
What does Section 303 of BNSS say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 303 of BNSS mean?
Plain English Explanation
The State Government or Central Government can decide to keep certain people in prison, even if they are eligible for release. This decision is based on the type of crime they committed, the potential impact on public order, and the overall public interest.
Practical Interpretation
This section gives the State Government or Central Government the power to override the normal release process for certain individuals. They can do this by issuing a general or special order, which will prevent the person from being released until the order is lifted.
Core Legal Purpose
The core purpose of this section is to provide the State Government or Central Government with the authority to make decisions about who should be released from prison, even if they meet the usual release criteria. This is done to protect public order and maintain public interest.
- •The State Government or Central Government must consider the nature of the offence committed by the person or class of persons.
- •The State Government or Central Government must consider the likelihood of disturbance of public order if the person or class of persons is allowed to be removed from the prison.
- •The State Government or Central Government must consider the public interest, generally.
- •The State Government or Central Government can issue a general or special order to exclude certain persons from the operation of section 302.
Practical Example of Section 303 BNSS
Rajesh, a convicted terrorist, is eligible for release from prison under section 302. However, the State Government issues a special order under section 303, excluding Rajesh from the operation of section 302. As a result, Rajesh remains in prison, despite meeting the usual release criteria. This decision is based on the potential threat to public order and the overall public interest.
Frequently Asked Questions about Section 303 BNSS
Q: What is the punishment or consequence under Section 303 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It outlines the process by which the State Government or Central Government can exclude certain persons from the operation of section 302.
Q: Does this section apply to private individuals or public entities?
This section applies to the State Government or Central Government, which are public entities.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal classification. It is a civil/procedural provision.
Common Questions about Section 303 BNSS
What is Section 303 of BNSS?
Section 303 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power of State Government or Central Government to exclude certain persons from". In plain terms: The State Government or Central Government can decide to keep certain people in prison, even if they are eligible for release. This decision is based on the type of crime they committed, the potential impact on public order, and the overall public interest.
What is the punishment under Section 303 of BNSS?
Section 303 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 303 of BNSS bailable or non-bailable?
Section 303 of BNSS is generally a Bailable offence (or bail is frequently granted depending on severity).
What are the elements of Section 303 of BNSS?
The essential elements of Section 303 of BNSS are: The State Government or Central Government must consider the nature of the offence committed by the person or class of persons.; The State Government or Central Government must consider the likelihood of disturbance of public order if the person or class of persons is allowed to be removed from the prison.; The State Government or Central Government must consider the public interest, generally..
Landmark Judgments under Section 303 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 303
Ask Nyaya AI About Section 303
Select a pre-configured prompt to run this section through the grounded research engine.