B—Imprisonment
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 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.
418. Execution of sentence of imprisonment.
(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 413, 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.
419. Direction of warrant for execution.
Every
warrant for the execution of a sentence of imprisonment shall be directed to
the officer in
charge
of the jail or other place in which the prisoner is, or is to be, confined.
420. Warrant with whom to be lodged.
When
the prisoner is to be confined in a jail, the warrant shall be lodged with the
jailor.
