Bharatiya Nagarik Suraksha Sanhita, 2023
Section 457
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 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).
Why this exists
This provision gives the government control over where sentenced persons are held and creates a sensible mechanism for handling the overlap between civil imprisonment (for things like failing to pay a decree) and criminal imprisonment, ensuring a person isn't stuck indefinitely bouncing between jail systems, and setting a clear three-year cap tied to civil procedure law. It reflects section 417 of the earlier CrPC.