Code of Criminal Procedure, 1973 · Chapter XXXII: Execution, Suspension, Remission and Commutation of Sentences · B.–Imprisonment
Section 417: Power to appoint place of imprisonment
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
(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), 1. Certain words omitted by Act 5 of 2009, s. 30 (w.e.f. 31-12-2009).
or under section 23 of the Provincial Insolvency Act, 1920 (5 of 1920), as the case may be.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 417
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State of Chhattisgarh v. Amit Aishwarya Jogi
Whether the three-Judge Bench judgment in the case of Lalu Prasad Yadav and Anr. v. State of Bihar and Anr. lays down the correct proposition of law, or whether the same requires reference to, and resolution by a larger…
- Ravi Sharma v. State (Government of NCT of Delhi) and Anr.
- Jafarudheen & Ors. v. State of Kerala
- Geeta Devi v. State of U.P. & Ors.
- Mohan @Srinivas @Seena @Tailor Seena v. The State of Karnataka
- Guru Dutt Pathak v. State of Uttar Pradesh
- Nagabhushan v. The State of Karnataka
- Chaman Lal v. The State of Himachal Pradesh
- Anwar Ali and Another v. The State of Himachal Pradesh
- Superintending Engineer/ Dehar Power House Circle Bhakra Beas Management Board (Pw) Slapper & Another v. Excise and Taxation Officer, Sunder Nagar/ Assessing Authority
- Bengal Chemists & Druggists Assn. v. Kalyan Chowdhury
- Muralidhar @ Gidda & Anr. v. State of Karnataka
- Subhash Chand v. State (Delhi Administration)
- General Officer Commanding v. CBI and Anr
- M/S. Pushpa Sahakari Avas Samiti Ltd. v. M/S. Gangotri Sahakari Avas S. Ltd. and Ors.
- C. Ronald & Anr. v. State, U.T. of Andaman & Nicobar Islands
- Lalu Prasad Yadav v. State of Bihar & Anr.
- State of U.P. v. Ram Sajivan & Ors.
- Jayabalan v. U.T. of Pondicherry
- Perla Somasekhara Reddy and Ors. v. State of A.P. Rep. by Public Prosecutor
- State of Rajasthan v. Yusuf
- Nepal Singh v. State of Haryana
- State of Rajasthan v. Mohan Lal
- Bhaskar Ramappa Madar and Ors. v. State of Karnataka
- State of U.P. v. Dinesh
- State of Goa v. Pandurang Mohite
- Batcu Venkatehswarlu and Ors. v. Public Prosecutor High Court of Ap.
- Mahmadhusen Abdulrahim Kalota Shaikh v. Union of India & Ors.
- Murugan and Anr. v. State Rep. by Public Prosecutor, Madras, Tamil Nadu Anr.
- State of U.P. v. Awdhesh
- Valson and Anr. v. State of Kerala
- Satya Narain Yadav v. Gajanand and Anr.
- Ghurey Lal v. State of U.P.
- Suraj Singh v. Arijit Pasayat and Dr. Mukundakam Sharma, Jj.]
- Ajay G. Podar v. Official Liquidator of J.S. & W.M. and Ors.
- State of Punjab v. Kulwant Singh @ Kanta
- Narayanamurthy v. State of Karnataka and Anr.
- Mahesh S/O.Janardhan Gonnade v. State of Maharashtra
- Chandrappa and Ors. v. State of Karnataka
- Damodaran Pillai and Ors. v. South Indian Bank Ltd.
- Fairgrowth Investments Ltd. v. The Custodian
- Gopal Sardar v. Karuna Sardar
- State (Delhi Administration) v. Dharampal
- The Officer on Special Duty (Land Acquisition) and Anr. v. Shah Manilal Chandulal Etc.