Section 457 BNSS: Power to appoint place of imprisonment

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 457 BNSS at a Glance

Section 457 BNSS deals with power to appoint place of imprisonment. It replaced Section 417 CrPC on 1 July 2024.

Was CrPC

Section 417 →

Section 457 BNSS Bare Act Text

(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.

Source: Section 457, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 457 BNSS in Simple Words

Section 457 of the Bharatiya Nagarik Suraksha Sanhita, 2023 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 the Sanhita shall be confined.

If such a person 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. Section 457(3) BNSS says when the person shall be sent back to the civil jail on being released from the criminal jail.

When Section 457 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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 Under Section 457 BNSS

  • 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”

Example of Section 457 BNSS

Suresh is in confinement in a civil jail. Suresh becomes liable to be imprisoned under the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Magistrate ordering the imprisonment directs under Section 457(2) BNSS that Suresh be removed to a criminal jail. Three years have elapsed since Suresh was removed to the criminal jail when Suresh is released from the criminal jail. Under Section 457(3)(a) BNSS, Suresh is not sent back to the civil jail, and Suresh shall be deemed to have been released from the civil jail under section 58 of the Code of Civil Procedure, 1908.

When Section 457 BNSS Does Not Apply

  • Section 457(1) BNSS speaks of the State Government directing in what place a person shall be confined. It does not deal with the suspension of execution of a sentence of imprisonment, which is found in Section 464 BNSS, Suspension of execution of sentence of imprisonment.
  • Section 457(2) BNSS speaks of removal from a civil jail to a criminal jail. It does not deal with the direction of the warrant for execution of a sentence, which is found in Section 459 BNSS, Direction of warrant for execution.

Section 457 BNSS in the CrPC (Previous Law)

Section 457 BNSS replaced Section 417 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 457 BNSS

Who may direct the place of confinement under Section 457 BNSS?▼

Under Section 457(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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.

When may a person in a civil jail be removed to a criminal jail under Section 457(2) BNSS?▼

Under Section 457(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, if any 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 that the person be removed to a criminal jail.

When is a person removed to a criminal jail not sent back to the civil jail under Section 457(3) BNSS?▼

Under Section 457(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a person removed to a criminal jail shall, on being released from the criminal jail, be sent back to the civil jail, unless either three years have elapsed since the removal to the criminal jail, or the Court which ordered the imprisonment in the civil jail has certified to the officer in charge of the criminal jail that the person is entitled to be released under section 58 of the Code of Civil Procedure, 1908.

What changed from Section 417 CrPC to Section 457 BNSS from 1 July 2024?▼

From 1 July 2024, Section 457 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 417 of the Code of Criminal Procedure, 1973. Both have the same heading, Power to appoint place of imprisonment. 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. 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 referred to section 58 of the Code of Civil Procedure, 1908 or section 23 of the Provincial Insolvency Act, as the case may be.

Section 457 BNSS: Sub-sections Explained

Section 457(1) BNSS: Power to appoint place of imprisonment

▶

Bare Act Text

(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.

Previous Law

CrPC 417 → Section 457(1) BNSS

Section 457(2) BNSS: Power to appoint place of imprisonment

▶

Bare Act Text

(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.

Previous Law

CrPC 417(2) → Section 457(2) BNSS

Section 457(3) BNSS: Power to appoint place of imprisonment

▶

Bare Act Text

(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.

Previous Law

CrPC 417(3) → Section 457(3) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·