Code: Section 303 BNSS
303. (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 – 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.
Explanation of Section 303 BNSS
Section 303 BNSS empowers the State Government or the Central Government to issue orders that prevent the removal of any person or group of persons from the prison in which they are confined or detained. This authority is exercised through a general or special order and is intended to ensure that prisoner transfers do not disrupt public order or compromise public interest. The key points of this section are:
- Preventing Removal:
The government may direct that certain prisoners are not to be removed from their place of confinement. Once such an order is in effect, no subsequent order under Section 302 (which generally deals with the transfer of prisoners to court) will be effective for those persons. - Criteria for Issuing the Order:
Before making such an order, the government must consider:- (a) Nature of the Offence or Grounds for Confinement:
This involves examining why the person or group has been detained (for example, the seriousness of the offence or the reasons justifying their detention). - (b) Likelihood of Public Disorder:
The government assesses whether allowing the removal of the prisoner(s) might lead to a disturbance of public order. - (c) Public Interest:
The broader implications on public interest must also be considered, ensuring that the decision aligns with the general welfare and security of the community.
- (a) Nature of the Offence or Grounds for Confinement:
This provision ensures that the decision to restrict prisoner removal is made judiciously, balancing the rights of the individual with the broader interests of public order and safety.
Illustration
Example 1: Preventing Prisoner Transfer to Maintain Order
In a scenario where a group of prisoners detained for serious offences is scheduled for transfer to a court hearing, the State Government issues a special order under Section 303. After evaluating the nature of the offences, the potential for public disorder, and the overall public interest, the government directs that these prisoners should not be removed from the prison. Consequently, any subsequent transfer order under Section 302 is rendered ineffective for these individuals.
Example 2: Consideration of Public Interest
A Central Government agency, upon reviewing a case involving a high-profile prisoner, determines that releasing or transferring the prisoner might incite public unrest. By considering the gravity of the offence, the possible disturbance of public order, and the implications for public safety, the Central Government issues an order under Section 303. This order ensures that the prisoner remains in custody until circumstances change, thereby safeguarding public interest.
Common Questions and Answers on Section 303 BNSS
1. Who has the authority to issue an order preventing the removal of prisoners?
- Answer:
The State Government or the Central Government, depending on the case and the agency involved, has the authority to issue such an order.
2. What factors must be considered before issuing such an order?
- Answer:
Before issuing the order, the government must consider:- The nature of the offence or the grounds for the person’s detention.
- The likelihood of public disorder if the prisoner is removed.
- The broader public interest.
3. What is the effect of an order issued under Section 303?
- Answer:
Once an order is in effect, it prevents the removal of the specified prisoner(s) from the prison. Any order made under Section 302 regarding their transfer will not have effect for as long as the Section 303 order remains in force.
4. Can the order be specific to a class of persons?
- Answer:
Yes, the order may be directed to a particular person or class of persons, depending on the circumstances and the factors considered by the government.
5. Does this order affect the rights of the prisoner?
- Answer:
While the order restricts the transfer of prisoners, it is intended to maintain public order and safeguard public interest. The decision is made after careful consideration of the nature of the offence and other relevant factors.
Conclusion
Section 303 BNSS provides a mechanism for the State or Central Government to restrict the removal of prisoners from their place of confinement when necessary for maintaining public order and protecting public interest. By mandating that the government consider the nature of the offence, the risk of public disorder, and broader public concerns, this provision ensures that any decision to prevent prisoner transfer is made with due diligence and in the interest of overall societal welfare. For further legal insights and comprehensive guidance on prisoner transfer and related matters, visit ApniLaw.