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Section 457 BNSS: Power to Appoint Place of Imprisonment

Section 457 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the authority to determine the place where a person liable to imprisonment or custody is to be confined, and with movement between a civil jail and a criminal jail in specified circumstances.

Text of Section 457 BNSS

Meaning and Scope of Section 457

Section 457 forms part of Chapter XXXIV of the BNSS dealing with execution, suspension, remission and commutation of sentences. Within that Chapter, it appears under the heading relating to imprisonment. Its purpose is to identify who may decide the place of confinement and what happens when a person already confined in a civil jail is directed to be moved to a criminal jail.

1. State Government may determine the place of confinement

Sub-section (1) gives the State Government power to direct the place in which a person who is liable to imprisonment or committed to custody under the BNSS is to be confined. This power operates subject to any other law for the time being in force that may provide otherwise.

2. Court or Magistrate may order transfer from civil jail to criminal jail

Under sub-section (2), where the person is already confined in a civil jail, the Court or Magistrate that orders the imprisonment or committal may direct that the person be removed to a criminal jail.

3. Return to civil jail after release from criminal jail

Sub-section (3) provides the general rule that a person removed from a civil jail to a criminal jail is to be sent back to the civil jail after release from the criminal jail. The provision then creates two statutory exceptions connected with release under section 58 of the Code of Civil Procedure, 1908.

Connection with Section 58 of the Code of Civil Procedure, 1908

Section 58 CPC is titled Detention and release. It governs the duration and release of a person detained in civil prison in execution of a decree and also provides that release from such detention does not, by itself, discharge the debt. Section 457(3) BNSS expressly refers to Section 58 CPC for deciding when return to civil jail is unnecessary.

Key Points

• The power under sub-section (1) belongs to the State Government and is subject to other applicable law.
• The transfer power under sub-section (2) is exercised by the Court or Magistrate ordering imprisonment or committal.
• The provision distinguishes between civil jail and criminal jail and regulates the return of a person transferred between them.
• Section 58 of the Code of Civil Procedure, 1908 is directly incorporated by reference for the release-related exceptions in sub-section (3).
• The provision should be read with the surrounding BNSS provisions on execution of sentences, including Sections 458 to 460.

Related BNSS Provisions

For the next steps in execution of imprisonment, see Section 458 - Execution of sentence of imprisonment, Section 459 - Direction of warrant for execution, and Section 460 - Warrant with whom to be lodged.

This page is intended for general legal information and statutory reference. For advice on a particular case, consult a qualified legal professional.