Power to appoint place of imprisonment
AI Assist
Summary
State Government may direct where a person ordered to be imprisoned under this Code is to be confined. If the person is held in a civil jail, the magistrate who ordered the imprisonment can direct transfer to a criminal jail. After release from the criminal jail the person is returned to the civil jail unless three years have passed since transfer or the committing court certifies entitlement to release under the relevant civil-procedure or insolvency law.
Example
Ravi is sentenced to confinement that places him in the local civil jail and is held there. The magistrate who ordered the confinement directs that Ravi be moved to a criminal jail. When Ravi 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 committing court certifies he is entitled to release under the relevant civil-procedure or insolvency law.
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 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 of 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.
Previous year papers
Pick your exam. we'll email the most recent paper.