CrPC 417→BNSS 457

CrPC 417 to BNSS 457: Power to appoint place of imprisonment

Section 417 CrPC (1973) replaced by Section 457 BNSS (2023)

View CrPC Section 417 →View BNSS Section 457 →

CrPC 417 to BNSS 457 at a Glance

Section 417 CrPC (Power to appoint place of imprisonment) is now Section 457 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 417 to BNSS 457?

From 1 July 2024, Section 457 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 417 of the Code of Criminal Procedure, 1973 under the same heading, Power to appoint place of imprisonment. Section 457(1) BNSS and Section 457(2) BNSS read Sanhita where Section 417(1) CrPC and Section 417(2) CrPC read Code. Section 457(3)(a) BNSS and Section 457(3)(b) BNSS refer to section 58 of the Code of Civil Procedure, 1908 only, where Section 417(3)(a) CrPC and Section 417(3)(b) CrPC also referred to section 23 of the Provincial Insolvency Act, 1920, as the case may be.

CrPC 417 vs BNSS 457: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section417457
HeadingPower to appoint place of imprisonmentSame
Sub-sections3 sub-sectionsSame

CrPC 417 and BNSS 457: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 417, CrPC 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 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), or under section 23 of the Provincial Insolvency Act, 1920 (5 of 1920), as the case may be.
BNSS 2023 (in force)

Section 457, BNSS 2023

457. 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 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; 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.

When It Applies: CrPC 417 vs BNSS 457

Under CrPC 417
  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 the Code shall be confined.
  2. Where a person liable to be imprisoned or committed to custody under the Code is in confinement in a civil jail, the Court or Magistrate ordering the imprisonment or committal may direct under Section 417(2) CrPC that the person be removed to a criminal jail.
  3. A person removed to a criminal jail under Section 417(2) CrPC shall, on being released from the criminal jail, be sent back to the civil jail, unless Section 417(3)(a) CrPC or Section 417(3)(b) CrPC applies.
  4. Under Section 417(3)(b) CrPC, the person is not sent back to the civil jail where the Court which ordered the 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, or under section 23 of the Provincial Insolvency Act, 1920, as the case may be.
Under BNSS 457
  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 the Sanhita shall be confined.
  2. Where a person liable to be imprisoned or committed to custody under the Sanhita is in confinement in a civil jail, the Court or Magistrate ordering the imprisonment or committal may direct under Section 457(2) BNSS that the person be removed to a criminal jail.
  3. A person removed to a criminal jail under Section 457(2) BNSS shall, on being released from the criminal jail, be sent back to the civil jail, unless Section 457(3)(a) BNSS or Section 457(3)(b) BNSS applies.
  4. Under Section 457(3)(b) BNSS, the person is not sent back to the civil jail where the Court which ordered the 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.

Time Limits: CrPC 417 to BNSS 457

Under CrPC 417
  • Under Section 417(3)(a) CrPC, the person is not sent back to the civil jail where 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, or section 23 of the Provincial Insolvency Act, 1920, as the case may be.Act text: “three years have elapsed since he was removed to the criminal jail, in which case he shall be deemed to have been released”
Under BNSS 457
  • Under Section 457(3)(a) BNSS, the person is not sent back to the civil jail where 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.Act text: “three years have elapsed since he was removed to the criminal jail, in which case he shall be deemed to have been released”

What CrPC 417 to BNSS 457 Means in Practice

Section 457(3) BNSS names section 58 of the Code of Civil Procedure, 1908 only in the cases of deemed release and certified release from the civil jail. Section 417(3) CrPC also named section 23 of the Provincial Insolvency Act, 1920, as the case may be.

FAQs: CrPC 417 to BNSS 457

Did Section 457(1) BNSS and Section 457(2) BNSS change the words of Section 417(1) CrPC and Section 417(2) CrPC?▼

Section 457(1) BNSS and Section 457(2) BNSS read under this Sanhita where Section 417(1) CrPC and Section 417(2) CrPC read under this Code. The word Code is replaced by the word Sanhita. The rest of each sub-section has the same text.

What changed in Section 457(3)(a) BNSS and Section 457(3)(b) BNSS?▼

Section 457(3)(a) BNSS and Section 457(3)(b) BNSS refer to section 58 of the Code of Civil Procedure, 1908 only. Section 417(3)(a) CrPC and Section 417(3)(b) CrPC referred to section 58 of the Code of Civil Procedure, 1908, or section 23 of the Provincial Insolvency Act, 1920, as the case may be.

Is the period of three years the same in Section 457(3)(a) BNSS and Section 417(3)(a) CrPC?▼

Yes. Section 457(3)(a) BNSS and Section 417(3)(a) CrPC both read three years have elapsed since he was removed to the criminal jail.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·