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Section 268 - Code of Criminal Procedure Act, 1973
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.
Related Sections
- Section 177: Ordinary place of inquiry and trial
- Section 86: Appeal from order rejecting application for restoration of attached property
- Section 81: Procedure by Magistrate before whom such person arrested is brought
- Section 173: Report of police officer on completion of investigation
- Section 250: Compensation for accusation without reasonable cause