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Section 417 - Code of Criminal Procedure Act, 1973
417.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 there from, 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.
Related Sections
- Section 311: Power to summon material witness, or examine person present
- Section 195: Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
- Section 6: Classes of Criminal Courts
- Section 405: High Courts order to be certified to lower Court
- Section 220: Trial for more than one offence