What is Power to appoint place of imprisonment? What is Execution of sentence of imprisonment? What is Direction of warrant for execution? Warrant with whom to be lodged? Section 417, 418, 419 and 420 of Code of Criminal Procedure 1973

Power to appoint place of imprisonment, Execution of sentence of imprisonment, Direction of warrant for execution and Warrant with whom to be lodged are defined under Section 417, 418, 419 and 420 of CRPC 1973. Provisions under these sections are:

 

Section 417 of CRPC "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 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.

 

Section 418 of CRPC "Execution of sentence of imprisonment"

(1) Where the accused is sentenced to imprisonment for, life or to imprisonment for a term in cases other than those provided for by Section 413, the Court passing the sentence shall forthwith forward a warrant to the jail or other place in which he is, or is to be, confined, and, unless the accused is already confined in such jail or other place, shall forward him to such jail or other place, with the warrant:

Provided that where the accused is sentenced to imprisonment till the rising of the Court, it shall not be necessary to prepare or forward a warrant to a jail, and the accused may be confined in such place as the Court may direct.

(2) Where the accused is not present in Court when he is sentenced to such imprisonment as is mentioned in sub-section (1), the Court shall issue a warrant for his arrest for the purpose of forwarding him to the jail or other place in which he is to be confined; and in such case, the sentence shall commence on the date of his arrest

 

Section 419 of CRPC "Direction of warrant for execution"

Every warrant for the execution of a sentence of imprisonment shall be directed to the officer in charge of the jail or other place in which the prisoner is, or is to be, confined.

 

Section 420 of CRPC "Warrant with whom to be lodged"

When the prisoner is to be confined in jail, the warrant shall be lodged with the jailor

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