Section 303(2) in Bharatiya Nagarik Suraksha Sanhita, 2023
(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.[Similar to Section 268 from Old CrPC-Also Refer]