(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 (5 of 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 (5 of 1908).
Bharatiya Nagarik Suraksha Sanhita
Section 457
Power to appoint place of imprisonment
⚡ Quick Answer Reference: Section 457 BNSS
- Provision: Section 457 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
- Jurisdiction: India
- Summary: This section allows the State Government to decide where a person should be imprisoned under the Bharatiya Nagarik Suraksha Sanhita, except when other laws specify otherwise.
What does Section 457 of BNSS say?
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What does Section 457 of BNSS mean?
Plain English Explanation
This section allows the State Government to decide where a person should be imprisoned under the Bharatiya Nagarik Suraksha Sanhita, except when other laws specify otherwise.
Practical Interpretation
In practice, this section gives the State Government flexibility in managing prison placements, ensuring efficient use of facilities and adherence to legal requirements.
Core Legal Purpose
The core purpose is to provide the State Government with the authority to direct the confinement of individuals liable to imprisonment under this Sanhita, balancing administrative needs with legal obligations.
- •The State Government has the power to direct the place of imprisonment.
- •A person liable to imprisonment can be removed from a civil jail to a criminal jail by court or magistrate order.
- •The decision to remove a person to a criminal jail is based on the court or magistrate's order.
- •Exceptions to returning a person to a civil jail after release from a criminal jail include the passage of three years or a court certification under section 58 of the Code of Civil Procedure, 1908.
Practical Example of Section 457 BNSS
Rajesh, found liable under the Bharatiya Nagarik Suraksha Sanhita, is initially confined in a civil jail. The court orders his removal to a criminal jail for security reasons. After serving his term, Rajesh is not returned to the civil jail because three years have elapsed, and thus, he is deemed released under section 58 of the Code of Civil Procedure, 1908.
Frequently Asked Questions about Section 457 BNSS
Q: What is the consequence under Section 457 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It deals with the direction of imprisonment or custody under the Sanhita.
Q: Does this section apply to private individuals or public entities?
This section applies to individuals liable to be imprisoned or committed to custody under the Bharatiya Nagarik Suraksha Sanhita, which can include private individuals. The provision does not specifically limit its application to public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not classify an offence as bailable or cognizable. It focuses on the procedural aspect of directing the place of imprisonment or custody.
Common Questions about Section 457 BNSS
What is Section 457 of BNSS?
Section 457 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to appoint place of imprisonment". In plain terms: This section allows the State Government to decide where a person should be imprisoned under the Bharatiya Nagarik Suraksha Sanhita, except when other laws specify otherwise.
What is the punishment under Section 457 of BNSS?
Section 457 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 457 of BNSS bailable or non-bailable?
Whether Section 457 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 457 of BNSS?
The essential elements of Section 457 of BNSS are: The State Government has the power to direct the place of imprisonment.; A person liable to imprisonment can be removed from a civil jail to a criminal jail by court or magistrate order.; The decision to remove a person to a criminal jail is based on the court or magistrate's order..
Landmark Judgments under Section 457 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 457
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