GOVERNMENT OF KERALA

NOTIFICATION

The Government of Kerala is pleased to notify the guidelines to be followed for issuing

a formal order excluding the specified individual(s) from the operation of Section 302, thereby

preventing their removal from prison for court proceedings, as provided under Section 303 of

the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The guidelines under Section 303 of

Home (S) Department

G. O. (P) No. 4/2026/Home.

^th January, 2026

2 ^nd Makaram,1201

26^th Pousha, 1947.

Dated, Thiruvananthapuram,

േകരള സർകാർ

Government of Kerala

2026

േകരള ഗസറ്

KERALA GAZETTE

അസാധാരണം

EXTRAORDINARY

ആധികാരികമായി ്പസിദെപടുതുനത

PUBLISHED BY AUTHORITY

Regn.No. KERBIL/2012/45073

dated 05-09-2012 with RNI

Reg No.KL/TV(N)/634/2021-2023

വാല്ം 15

Vol. XV

തിരുവനനപുരം,

ശനി

Thiruvananthapuram,

Saturday

2026 ജനുവരി 17

17th January 2026

1201 മകരം 3

3rd Makaram 1201

1947 െപൗഷം 27

27th Pousha 1947

നമർ

No.

198

This is a digitally signed Gazette.

Authenticity may be verified through https://compose.kerala.gov.in/

Guidelines under Section 303 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

Introduction

Section 302 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, provides that

whenever, in the course of an enquiry, trial or proceedings under this Sanhita it appears to a

criminal court that a person confined or detained in a prison should be brought before the court

for answering a charge of an offence, or for the purpose of any proceedings against him or that

it is necessary for the ends of justice to examine such a person as a witness, the court may make

an order requiring the officer in charge of the prison to produce such person before the court

answering to the charge or for the purpose of such proceeding or for giving evidence.

Whereas section 303 envisages the Power of State Government or Central Government

to exclude certain persons from operation of section 302.

(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 or the Central

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;

(3) Regarding the above mentioned matters, the Government has to review the report of the

Director General of Police and Director General of Prisons.

(4) For the above said purpose an internal committee, comprising of the Director General of

Police as Chairman and Director General of Prisons, District Superintendent of Police/Jail

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Superintendent concerned as members, is to be constituted for the formulation of report.

(5) The internal committee has to evaluate all the matters pertaining to the particular

accused/prisoner and has to submit a report in Annexure-1 before the Government.

(6) Nature of offence, ground of arrest, threat to public order and public interest are to be the

deciding factor while preparing the report for the issuance of such order under 303 BNSS,

2023.

(7) The proposal of the internal committee should also include the plan of action for speedy

trial of all cases against the prisoner/accused including the plan for fool-proof protection for

escorting the prisoner in the event of revoking of such order in future.

(8) The proposal shall not infringe the fundamental right of the prisoner ensured under article

19 and 21 of the constitution.

(9) The Review committee at Government Level, will be authorized to issue or revoke the

orders, as the case may be. The order has to be speaking and to be issued for a definite period in

such manner that the order shall not affect the trial proceedings of the court for an indefinite

period.

(10) After the issuance of such order, the Government has to communicate the same to:

i. The concerned Jurisdictional Magistrate.

ii. Director General of Prisons.

iii. Director General of Police

iv. Director General of Prosecution

Annexure- I

Points

Description

Brief history of the Prisoner/Accused

Details of all cases registered against the prisoner/accused

Current status of trial in various courts with details of case number, Name

of courts etc.

Updated details of pending investigations against the accused at various

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Police Stations with the FIR numbers and present stage of the case

Conviction details of the Accused/Prisoner

Details of Preventive action initiated against him.

Details of action taken for the protection of Fundamental Rights of the

accused.

Opinion of District Police Chief and jail Authorities

(i) Nature of Offence

(ii) Grounds for invoking orders U/s 303 BNSS

(iii) Likelihood of the disturbances of public order

(iv) Public interest

(v) Feasibility of conducting trials through video conferencing.

Details of arrangements including the plan of armed escort to the prisoner

or accused if it requires to revoke the order issued U/s 303 BNSS.

10 Opinion of the internal committee for invoking or revoking such order U/s

303 BNSS

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Authenticity may be verified through https://compose.kerala.gov.in/

____________________________________________________________________________________________________________________________

PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESSES

AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, 2026