Section 417 CrPC: Power to appoint place of imprisonment

Code of Criminal Procedure, 1973

Section 417 CrPC at a Glance

Section 417 CrPC deals with power to appoint place of imprisonment. From 1 July 2024 it is replaced by Section 457 BNSS.

Now BNSS

Section 457 →

What Section 417 CrPC Says

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.

Source: Section 417, Code of Criminal Procedure, 1973

Section 417 CrPC in Simple Words

Section 417 of the Code of Criminal Procedure, 1973 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 Code 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 417(3) CrPC says when the person shall be sent back to the civil jail on being released from the criminal jail.

When Section 417 CrPC 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 Code shall be confined.
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.
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.
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.

Time Limits Under Section 417 CrPC

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”

Example of Section 417 CrPC

Ramesh is in confinement in a civil jail. Ramesh becomes liable to be imprisoned under the Code of Criminal Procedure, 1973, and the Magistrate ordering the imprisonment directs under Section 417(2) CrPC that Ramesh be removed to a criminal jail. Three years have elapsed since Ramesh was removed to the criminal jail when Ramesh is released from the criminal jail. Under Section 417(3)(a) CrPC, Ramesh is not sent back to the civil jail, and Ramesh 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.

When Section 417 CrPC Does Not Apply

Section 417(1) CrPC 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 424 CrPC, Suspension of execution of sentence of imprisonment.
Section 417(2) CrPC 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 419 CrPC, Direction of warrant for execution.

Section 417 CrPC Under BNSS 457: What Changed

Section 417 CrPC is now covered under Section 457 BNSS.

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.

View detailed comparison (CrPC 417 vs BNSS 457) →

FAQs on Section 417 CrPC

Who may direct the place of confinement under Section 417 CrPC?▼

Under Section 417(1) of the Code of Criminal Procedure, 1973, 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.

When may a person in a civil jail be removed to a criminal jail under Section 417(2) CrPC?▼

Under Section 417(2) of the Code of Criminal Procedure, 1973, if any 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 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 417(3) CrPC?▼

Under Section 417(3) of the Code of Criminal Procedure, 1973, 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, or under section 23 of the Provincial Insolvency Act, 1920, as the case may be.

Where is Section 417 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 417 CrPC is found in Section 457 BNSS, which has the same heading, Power to appoint place of imprisonment. Section 417(1) CrPC is found in Section 457(1) BNSS, Section 417(2) CrPC is found in Section 457(2) BNSS and Section 417(3) CrPC is found in Section 457(3) BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·