BNSS Section 303: Restriction on Removal from Prison
Code: Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 303
Explanation:
This section grants the State or Central Government the power to restrict the removal of a person or a class of persons from prison. This power is exercised through a general or special order, taking into account factors related to the nature of the offense, potential disruption of public order, and overall public interest.
Sub-section (1):
- Authorizes the State or Central Government to issue orders prohibiting the removal of a person or a group from prison.
- The order overrides any prior or subsequent order made under Section 302, which deals with the general procedures for transferring prisoners.
- The restriction remains in effect as long as the order issued under this section stays in force.
Sub-section (2):
Before issuing an order under sub-section (1), the government must consider these factors:
- (a) Nature of the offense: The severity and type of crime for which the individual is imprisoned or detained.
- (b) Likelihood of public order disturbance: Whether the person’s release or transfer poses a risk to public safety or peace.
- (c) Public interest: The overall benefit to society from keeping the person confined in the current prison.
Illustration:
Imagine a situation where a high-profile criminal with strong political connections is imprisoned for a serious crime. The authorities, considering the risk of potential unrest and threats to public order if he is released or transferred, may issue an order under Section 303 to prevent his removal from the existing prison.
Common Questions and Answers:
- Q: Who has the power to issue an order under Section 303?
- A: The State Government for prisoners in state prisons, and the Central Government for prisoners in prisons under its jurisdiction or those related to cases investigated by central agencies.
- Q: What are the grounds for issuing an order under this section?
- A: The grounds are listed in sub-section (2), including the nature of the crime, public order concerns, and public interest.
- Q: Can a person challenge an order issued under Section 303?
- A: Yes, a person affected by such an order may challenge it through legal proceedings.
