CrPC Section 417: Power to appoint place of imprisonment
Code of Criminal Procedure, 1973 · Chapter 32: Execution, Suspension, Remission and commutation of sentences
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
¶ 417. Power to appoint place of imprisonment.- (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 of 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.
Study: explanations and related material
Now BNSS 457 (corresponding section). CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03), p22
Official reference: Ministry of Home Affairs: historical CrPC reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Section 135 was restored and individually checked against the linked government PDF (pages 75–76) on 2026-10-02; this is not a verification of the whole collection. Schedules and forms are not consolidated here. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 413. Execution of order passed under section 368
- 414. Execution of sentence of death passed by High Court
- 415. Postponement of execution of sentence of death in case of appeal to Supreme Court
- 416. Postponement of capital sentence on pregnant woman
- 418. Execution of sentence of imprisonment
- 419. Direction of warrant for execution
- 420. Warrant with whom to be lodged
- 421. Warrant for levy of fine
- 422. Effect of such warrant
- 423. Warrant for levy of fine issued by a Court in any territory to which this Code does not extend
- 424. Suspension of execution of sentence of imprisonment
- 425. Who may issue warrant
- 426. Sentence on escaped convict when to take effect
- 427. Sentence on offender already sentenced for another offence
- 428. Period of detention undergone by the accused to be set off against the sentence of imprisonment
- 429. Saving
- 430. Return of warrant on execution of sentence
- 431. Money ordered to be paid recoverable as a fine
- 432. Power to suspend or remit sentences
- 433. Power to commute sentence
- 433A. Restriction on powers of remission or commutation in certain cases
- 434. Concurrent power of Central Government in case of death sentences
- 435. State Government to act after consultation with Central Government in certain cases