Power to appoint place of imprisonment
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Summary
State Government may direct where a person imprisoned or committed under this Sanhita is confined, unless another law provides otherwise. A court or magistrate may transfer someone from a civil jail to a criminal jail. On release from the criminal jail the person must be returned to the civil jail unless three years have passed since transfer or the original court certifies release under section 58 of the Code of Civil Procedure.
Example
Rohan is held in a civil jail after a civil court order, but the magistrate later directs his removal to a nearby criminal jail for security. When Rohan is released from the criminal jail he must be sent back to the civil jail unless three years have passed since the transfer or the original court certifies he is entitled to release under section 58 of the Code of Civil Procedure.
Bare Act
Enacted 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-
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(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
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(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.
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