What Is BNSS Section 458?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 458: 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; 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.

Brefe Detail

Section 458 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the authority of the State Government regarding the appointment of places for imprisonment. It details the conditions under which individuals may be confined, including the transfer between civil and criminal jails, and the criteria for their eventual release.

Question & Answers

Q1: What authority does the State Government have under Section 458?

A1: The State Government may direct the place where any person liable to be imprisoned or committed to custody shall be confined.

Q2: What happens if a person is confined in a civil jail?

A2: The Court or Magistrate may direct that the person be removed to a criminal jail.

Q3: Under what conditions can a person removed to a criminal jail be sent back to a civil jail?

A3: A person can be sent back unless three years have elapsed since their removal, or the Court certifies that they are entitled to be released under section 58 of the Code of Civil Procedure, 1908.

Example

1. If a person is sentenced to imprisonment but is in a civil jail, the Court may decide to transfer them to a criminal jail for the duration of their sentence.

2. A prisoner who has been in a criminal jail for two years will still be returned to a civil jail unless three years pass or the Court certifies their eligibility for release.

3. The State Government has the final say on the location of imprisonment for individuals under this Sanhita, regardless of prior convictions.

Summary

Section 458 establishes the State Government's power to determine the location of imprisonment for individuals, allowing for the transfer between civil and criminal jails under specific conditions. It ensures that the rights of imprisoned individuals are respected while also providing a legal framework for their management.