Section 457 – Bharatiya Nagarik Suraksha Sanhita (BNSS) – Power To Appoint Place Of Imprisonment.

Code: Section 457 BNSS

(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.

Explanation of Section 457 BNSS

Section 457 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, grants the State Government the authority to determine the place of imprisonment for individuals convicted or under custody. It also provides guidelines for transferring prisoners between civil and criminal jails.

Key Provisions of Section 457 BNSS

1. State Government’s Authority Over Imprisonment Locations
   • The State Government has the power to decide where a convicted or detained person should be imprisoned unless another law specifies otherwise.
2. Transfer from Civil Jail to Criminal Jail
   • If a person held in a civil jail is required to be in a criminal jail, the Court or Magistrate can order their transfer.
3. Rules for Return from Criminal Jail to Civil Jail
   • A person sent to a criminal jail from a civil jail must be sent back unless:
     • Three years have passed since the transfer, in which case they are considered released under Section 58 of CPC, 1908.
     • The Court certifies their release under Section 58 of CPC, 1908.

Illustration

Example 1: Transfer from Civil Jail to Criminal Jail

• A businessman is detained in a civil jail due to a financial dispute.
• Later, he is accused of a criminal offense and the Court orders his transfer to a criminal jail under Section 457(2) BNSS.

Example 2: Release After Three Years in Criminal Jail

• A debtor is moved from a civil jail to a criminal jail.
• Three years pass without any court intervention.
• Under Section 457(3)(a) BNSS, the debtor is deemed released from the civil jail under Section 58 CPC.

Common Questions & Answers on Section 457 BNSS

1. Who decides where a prisoner will be jailed under BNSS?

The State Government has the authority to decide where a convicted or detained person will be confined, except when another law states otherwise.

2. Can a person be transferred from a civil jail to a criminal jail?

Yes, under Section 457(2) BNSS, a Court or Magistrate can order a transfer from a civil jail to a criminal jail if necessary.

3. When is a person sent back from a criminal jail to a civil jail?

A person transferred to a criminal jail must be sent back to a civil jail unless:

• Three years have passed since the transfer.
• The Court certifies their release under Section 58 of CPC, 1908.

4. What happens if the Court does not certify release from a criminal jail?

If the Court does not certify release, the person remains in custody until either:

• Three years pass (automatic release under Section 58 CPC), or
• The Court orders their return to a civil jail.

Conclusion

Section 457 BNSS provides clarity on the place of imprisonment and ensures a structured process for transferring individuals between civil and criminal jails. It prevents unnecessary prolonged detention while maintaining legal order.

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