268
268
Power of State Government to exclude certain persons from operation of section 267
Code of Criminal Procedure, 1973
Chapter XXII Attendance of Persons Confined or Detained in Prisons
⚖️
Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsPrisonerGovernment PowerPublic Safety
🗣️ Simple Explanation
What does this law say?
Section 268 of the CrPC gives the State Government power. It can decide that certain prisoners cannot be brought to court. This is done by a special order.
Why does this law exist?
This law protects public order. It allows the government to prevent dangerous prisoners from being moved. It ensures safety.
Real-life impact
If a person is a threat to public safety, they may not be brought to court. This is to prevent any trouble. This helps maintain peace.
What happens if you break this law?
This section doesn't have a punishment. It gives the government a power. It is about deciding who can be brought to court.
💡 Real Life Example
A person accused of inciting violence is in jail. The State Government uses this section to prevent them from being brought to court. This is to avoid public unrest. Amit is a high-profile criminal. The government uses this section to keep him in jail. This is to prevent any escape attempts.
🛡️ KNOW YOUR RIGHTS
- •Know that the government can restrict prisoner movement.
- •Understand the reasons for such restrictions.
- •Seek legal advice if you are affected by this order.
❓ FREQUENTLY ASKED QUESTIONS
Section 268 of the CrPC gives the State Government power. It allows them to prevent certain prisoners from being brought to court. This is done by a special order. This is to maintain public order. It also considers the nature of the crime. The government can decide who can be brought to court.
No, this section is not about punishment. It gives the government the power to decide. It decides which prisoners can be brought to court. This is to maintain public safety. It is a procedural section.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Code of Criminal Procedure, 1973
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
Was this helpful?