Power to appoint place of imprisonment
Section 417 of the Code of Criminal Procedure, 1973 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. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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 Pro-
cedure, 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 417, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 457 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 The repealed enactment still governs what happened while it was in force.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.
This section refers to
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
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… It has also been held that the provision of a period of limitation in a howsoever peremptory or imperative language is not sufficient to displace the applicability of Section 5. The provisions of Section 5 of the Limitation Act have been held to be applicable to condone the delay in applying under Section 417(4), Code of Criminal Procedure. The Court has observed: "6. The question which arose for consideration in Kaushalya Rani case was apparently the same as in the present case, namely, whether the time limit of sixty days prescribed in subsection (4) of Section 417 for making an application for special leave …
Questions about Section 417
What have the courts held on Section 417 of the Code of Criminal Procedure?
Jaga @ Santosh Kumar vs State of Karnataka (09 Apr 2014) is the leading judgment on this section among those set out below: 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 417 of the Code of Criminal Procedure?
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: CRPC 417, section 417 CRPC, section 417 of the Code of Criminal Procedure. 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 417 of the Code of Criminal Procedure, 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. For anything done on or after 1 July 2024 the provision to read is BNSS 457 (Power to appoint place of imprisonment), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 417 of the Code of Criminal Procedure come into force?
Section 417 of the Code of Criminal Procedure, cited as CRPC 417, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.