Power to appoint place of imprisonment
Section 457 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with power to appoint place of imprisonment. 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 Sanhita shall be confined. The Act came into force on 01 Jul 2024.
(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 Sanhita shall be confined.
(2) If any person liable to be imprisoned or committed to custody under this Sanhita 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
(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).
Section 457, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 417 Power to appoint place of imprisonment Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Jaga @ Santosh Kumar vs State of Karnataka
Decided under Code of Criminal Procedure 417, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an appellate court reviews an appeal against acquittal, it must defer substantially to the trial court's assessment of credibility and factual findings unless those findings are palpably wrong or based on erroneous law. A trial court's view that is reasonable and possible, even if an appellate court might take a different view on re-appreciation of evidence, does not justify interference with acquittal. The presumption of innocence in favor of an accused is strengthened by an acquittal from the trial court. A dying declaration recorded indirectly (not in the declarant's actual words but as relayed by a third party) creates inherent suspicion about its credibility, and the prosecution must clear this suspicion to the satisfaction of the court. If a trial court reasonably finds that such credibility is not established, the accused is entitled to the benefit of doubt.
On this section: Powers of High Court in appeal against acquittal; cited to establish that while High Court has full power to review evidence, it must recognize the strengthened presumption of innocence and findings of trial court can only be reversed for substantial and compelling reasons
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 457
What have the courts held on Section 457 of the Bharatiya Nagarik Suraksha Sanhita?
Jaga @ Santosh Kumar vs State of Karnataka (09 Apr 2014) is the leading judgment on this section among those set out below, though it was decided under CRPC 417, which this section replaced -- the court never mentioned this Act: Powers of High Court in appeal against acquittal; cited to establish that while High Court has full power to review evidence, it must recognize the strengthened presumption of innocence and findings of trial court can only be reversed for substantial and compelling reasons.
How do I find court cases under Section 457 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 457, section 457 BNSS, section 457 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type 457 bnss act and 457 bnss in crpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Jaga @ Santosh Kumar vs State of Karnataka (09 Apr 2014).
What should I read with Section 457 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward CrPC 417 (Power to appoint place of imprisonment), so the judgments decided under that provision are the case law on this one.
When did Section 457 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 457 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 457, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.