BNSS §458
sentence of imprisonment.
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417. 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 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 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 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.
458.
(1) Where the accused is sentenced to imprisonment for life or to imprisonment for a term in cases other than those provided for by section 453, the Court passing the sentence shall forthwith forward a warrant to the jail or other place in which he is, or is to be, confined, and, unless the accused is already confined in such jail or other place, shall forward him to such jail or other place, with the warrant: Provided that where the accused is sentenced to imprisonment till the rising of the Court, it shall not be necessary to prepare or forward a warrant to a jail, and the accused may be confined in such place as the Court may direct.
(2) Where the accused is not present in Court when he is sentenced to such imprisonment as is mentioned in sub-section (1), the Court shall issue a warrant for his arrest for the purpose of forwarding him to the jail or other place in which he is to be confined; and in such case, the sentence shall commence on the date of his arrest.
What changedAI-inferred
Power to appoint place of imprisonment.
Old position
CrPC 417 is concerned with Power to appoint place of imprisonment. Power to appoint place of imprisonment
New position
BNSS 458 preserves the framework with drafting modernisations as required by the new code. Topic: sentence of imprisonment.. Where the accused is sentenced to imprisonment for life or to imprisonment for a term in cases other than those provided for by section 453, the Court passing the sentence shall forthwith forward a warrant to the jail or other place in
BNSS 458 (sentence of imprisonment.) preserves the framework of CrPC 417. BNSS 458 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 458 text: Where the accused is sentenced to imprisonment for...
Editorial deltaAI-indicated (source-linked)
BNSS 458 (sentence of imprisonment.) preserves the framework of CrPC 417. BNSS 458 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 458 text: Where the accused is sentenced to imprisonment for life or to imprisonment for a term in cases other than those provided for by section 453, the Court passing the sentence shall forthwith forward a warrant to the jail or other place in which he is, or is to be, confined, and, unless the accused is already confined in...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 417 continues to apply. For matters from that date forward, BNSS 458 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 458 (sentence of imprisonment.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §417 → BNSS §458 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bnss/458.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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