CrPC Section-268 - Power of State Government to exclude certain persons from operation of section 267
Description
State Government's Power
- The State Government may, at any time, issue a general or special order preventing the removal of a specific person or a class of persons from prison.
- This order takes precedence over any Court order under Section 267, whether issued before or after the State Government’s directive.
Factors to Consider Before Issuing the Order
The State Government must consider:
- Nature of the offence: The seriousness of the crime or reasons for detention.
- Risk to public order: Whether removing the person from prison could cause disturbance or unrest.
- Public interest: Ensuring the decision aligns with broader concerns of justice and safety.
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