Section 268 of CrPC : Section 268: Power Of State Government To Exclude Certain Persons From Operation Of Section 267

Explanation using Example

Imagine a scenario where a group of individuals involved in organized crime are detained in prison. The court needs one of them to testify in an ongoing trial of a related case. Normally, under Section 267 of The Code of Criminal Procedure, 1973, the court could issue a production warrant to have the individual brought to court. However, the State Government, concerned about the risk of these individuals influencing witnesses or orchestrating criminal activities during transit, uses its power under Section 268.

The government issues an order specifying that these individuals should not be removed from prison. This order takes into account the severity of their crimes, the potential threat to public order, and the overall public interest. As a result, even if the court issues a production warrant for the testimony, the State Government's order under Section 268 prevails, and the individuals remain in prison. Alternative arrangements, such as video conferencing, may be considered to secure the testimony without moving the individuals from the prison.