Power to appoint place of imprisonment
Section 417 of the Code of Criminal Procedure Act 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 Code shall be confined.
(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.
Section 417, The Code of Criminal Procedure Act (Act 2 of 1974).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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Questions about Section 417
What does Section 417 of the Code of Criminal Procedure Act deal with?
Section 417 of the Code of Criminal Procedure Act is headed "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 Code shall be confined.
How do I find court cases under Section 417 of the Code of Criminal Procedure Act?
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: Code Criminal Procedure Act 417, section 417 Code Criminal Procedure Act, section 417 of the Code of Criminal Procedure Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 417 of the Code of Criminal Procedure Act, and has it changed?
Its own text turns on Provincial Insolvency Act 23 (Release of debtor), so none of them can safely be read on its own.
When was the Code of Criminal Procedure Act enacted?
Code of Criminal Procedure Act was enacted in 1974 as Act 2 of 1974. India Code records no commencement date for it. It is no longer in force.
Other sections of this Act
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- 164. Recording of confessions and statements1142 words
- 167. Procedure when investigation cannot be completed in twenty-four hours1114 words
- 437. When bail may be taken in case of non-bailable offence998 words
- 220. Trial for more than one offence960 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. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/aedad03b-d75d-4ad4-8833-2e467cc050cc.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/aa576da2-2e5f-4165-923b-39fc1a0f416b/content). This page is not a substitute for legal advice.