CrPC Section 417 — Power to appoint place of imprisonment

Summary

Sub-section (1) says that, unless another law currently provides otherwise, the State Government may decide where a person who is liable to be imprisoned or held in custody under this Code must be confined.

Sub-section (2) says that if such a person is confined in a civil jail, the Court or Magistrate who ordered the imprisonment or committal may direct that the person be moved to a criminal jail.

Sub-section (3) says that when a person is moved to a criminal jail under sub-section (2), the person must be sent back to the civil jail on release from the criminal jail, unless either of these conditions applies: (a) three years have passed since the person was moved to the criminal jail, in which case the person is treated as released from the civil jail under section 58 of the Code of Civil Procedure, 1908, or section 23 of the Provincial Insolvency Act, 1920, as applicable; or (b) the Court that ordered imprisonment in the civil jail has certified to the officer in charge of the criminal jail that the person is entitled to release under the relevant provision of either Act.

Official Text

(1) Except when otherwise provided by any law for the time being in force, the State Government may direct in what place any person liable to be imprisoned or committed to custody under this Code shall be confined.

(2) If any person liable to be imprisoned or committed to custody under this Code is in confinement in a civil jail, the Court or Magistrate ordering the imprisonment or committal may direct that the person be removed to a criminal jail.

(3) When a person is removed to a criminal jail under sub-section (2), he shall, on being released therefrom, be sent back to the civil jail, unless either—

(a) three years have elapsed since he was removed to the criminal jail, in which case he shall be deemed to have been released from the civil jail under section 58 of the Code of Civil Procedure, 1908 (5 of 1908), or section 23 of the Provincial Insolvency Act, 1920 (5 of 1920), as the case may be; or

(b) the Court which ordered his imprisonment in the civil jail has certified to the officer in charge of the criminal jail that he is entitled to be released under section 58 of the Code of Civil Procedure, 1908 (5 of 1908), or under section 23 of the Provincial Insolvency Act, 1920 (5 of 1920), as the case may be.

Sections referred to

• CrPC §58 — Police to report apprehensions

Related Judgments

• LALU PRASAD YADAV vs STATE OF BIHAR & ANR — Supreme Court of India (2010)
• KHEMRAJ vs STATE OF MADHYA PRADESH — Supreme Court of India (1975)
• Ehtesham Qutubuddin Siddiqui; (Through Jail) vs The State of Maharashtra, Mr. S. R. Borulkar, PP with P.S. Hingorani — Bombay High Court (Mumbai Principal Seat) (2008)
• KISHORE SINGH & ANR. vs THE STATE OF MADHYA PRADESH — Supreme Court of India (1977)
• STATE OF HIMACHAL PRADESH vs TARA DUTT AND ANR — Supreme Court of India (1999)
• PNNJ Industries Pvt. Ltd. vs Vishal Patel & Anr — Bombay High Court (Mumbai Principal Seat) (2011)

Old <-> New Code Mapping

• BNSS §457 — Power to appoint place of imprisonment