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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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