Section 457 – Power to Appoint Place of Imprisonment

Introduction

Section 457 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the power to appoint the place of imprisonment.

The provision enables the State Government to determine the place where a person sentenced to imprisonment is to be confined. It provides the legal framework for designating prisons or other appropriate places for the confinement of prisoners.

Section 457 is part of the provisions relating to the execution, suspension, remission and commutation of sentences.

Meaning of Section 457

Section 457 empowers the State Government to appoint the place where a person sentenced to imprisonment shall be confined.

In simple terms:

Person sentenced to imprisonment → State Government determines the place of confinement → prisoner is confined at the appointed place.

The provision therefore concerns the place of imprisonment, rather than the determination of guilt or the length of the sentence.

Purpose of Section 457

The main purpose of Section 457 is to provide an administrative and legal mechanism for determining where prisoners should be confined.

It helps ensure:

• proper management of prisons;
• organised allocation of prisoners;
• lawful execution of sentences;
• administrative control over places of confinement; and
• effective implementation of imprisonment orders.

Power of the State Government

The power under Section 457 is vested in the State Government.

The State Government may appoint the place where a person sentenced to imprisonment is to be confined.

This power allows the Government to regulate the location of confinement according to the applicable prison administration framework.

Place of Imprisonment

The expression “place of imprisonment” refers to the prison or other legally authorised place where a person sentenced to imprisonment is confined.

The provision is therefore concerned with the physical place of confinement after a sentence of imprisonment has been imposed.

Section 457 Does Not Impose the Sentence

An important distinction is that Section 457 does not give the State Government power to determine whether a person should be convicted or sentenced to imprisonment.

The sentence is imposed by the competent court.

Section 457 operates at the execution stage, after imprisonment has been ordered.

Court

Determines guilt and imposes the sentence.

State Government

Appoints the place where the imprisonment is to be undergone.

Example

Suppose a Criminal Court sentences a person to five years’ imprisonment.

The court determines the sentence, but the actual place where the prisoner will be confined is dealt with under the prison administration framework.

The State Government may appoint the appropriate prison or place of confinement under Section 457.

Administrative Nature of the Provision

Section 457 primarily concerns the administration and execution of imprisonment sentences.

It does not concern:

• investigation of offences;
• determination of guilt;
• appellate review;
• revision;
• framing of charges; or
• imposition of the original sentence.

Its focus is on the practical implementation of imprisonment.

Importance of the Provision

A criminal sentence of imprisonment must ultimately be implemented through an appropriate place of confinement.

Section 457 provides the statutory basis for the Government’s role in determining that place.

This helps maintain an organised prison system and ensures that sentences imposed by courts can be effectively executed.

Section 457 and Court’s Sentencing Power

The court retains the judicial power to impose the sentence.

The Government’s role under Section 457 is different.

For example:

Court: “The accused is sentenced to imprisonment.”

State Government: Determines the appropriate place where that imprisonment is to be undergone, subject to law.

Thus, Section 457 maintains a distinction between judicial sentencing and administrative execution of the sentence.

Section 457 and Prison Administration

The provision operates within the broader framework of prison administration.

The State Government may need to consider various administrative factors when determining the appropriate place of confinement, including the availability and management of prison facilities and applicable legal requirements.

The provision therefore supports the practical administration of custodial sentences.

Does the Provision Change the Sentence?

No.

The appointment of a particular place of imprisonment does not itself increase or decrease the sentence imposed by the court.

For example, if a person has been sentenced to five years’ imprisonment, assigning that person to a particular prison does not change the five-year sentence.

The sentence remains the sentence imposed by the competent court.

Section 457 and Transfer of Prisoners

The power to appoint a place of imprisonment should be distinguished from the broader question of transferring prisoners from one prison to another.

Section 457 primarily concerns the appointment of the place where imprisonment is to be undergone.

Actual transfer and prison administration may also be governed by other applicable laws and rules.

Relationship with Previous Provisions

Section 457 follows provisions dealing with the execution and modification of death sentences.

The sequence includes:

• Section 453: Execution of order passed under Section 409
• Section 454: Execution of sentence of death passed by High Court
• Section 455: Postponement of execution of sentence of death in case of appeal to Supreme Court
• Section 456: Commutation of sentence of death on pregnant woman
• Section 457: Power to appoint place of imprisonment

The provisions therefore move from specific rules concerning death sentences toward the broader administration and execution of imprisonment.

Section 457 and Imprisonment Sentences

Section 457 is relevant to persons sentenced to imprisonment.

Unlike death sentences, imprisonment requires a person to be confined for the period prescribed by the court.

The appointment of a place of imprisonment ensures that there is an identified institution or place in which the sentence can be served.

Common Confusions

Does Section 457 allow the State Government to impose imprisonment?

No.

The sentence is imposed by the competent court. Section 457 concerns the appointment of the place of confinement.

Can the Government reduce the sentence under Section 457?

No.

Section 457 is concerned with the place of imprisonment and does not itself provide a power to alter the sentence.

Does Section 457 determine guilt?

No.

Determination of guilt is a judicial function.

Who has the power under Section 457?

The State Government.

What does the provision primarily concern?

It concerns the place where a person sentenced to imprisonment is to be confined.

Is Section 457 an appellate provision?

No.

It relates to the execution and administration of an imprisonment sentence.

BNSS and CrPC

Section 457 of the BNSS corresponds to Section 417 of the Code of Criminal Procedure, 1973 (CrPC).

The corresponding CrPC provision dealt with the power to appoint the place of imprisonment.

The BNSS retains this provision within its framework governing the execution of sentences.

Topic at a Glance

• Topic: Power to appoint place of imprisonment
• BNSS Section: Section 457
• Authority: State Government
• Subject: Place where imprisonment is to be undergone
• Purpose: Administration and execution of imprisonment sentences
• Nature: Administrative and executory
• Does it impose a sentence? No
• Does it determine guilt? No
• CrPC equivalent: Section 417 CrPC
• Previous provision: Section 456 – Commutation of sentence of death on pregnant woman
• Next provision: Section 458 – Execution of sentence of imprisonment

Quick Revision

• Section 457 BNSS deals with the power to appoint the place of imprisonment.
• The power is vested in the State Government.
• It concerns the place where a person sentenced to imprisonment is to be confined.
• It operates at the stage of execution and administration of the sentence.
• It does not give the Government the power to impose the original sentence.
• It does not determine the guilt or innocence of an accused.
• Appointment of a prison does not itself alter the length of the sentence.
• Section 457 corresponds to Section 417 of the CrPC.

ALSO READ: Section 456 – Commutation of sentence of death on pregnant woman

Conclusion

Section 457 of the BNSS provides the statutory framework for the appointment of the place of imprisonment. The provision gives the State Government the authority to determine where a person sentenced to imprisonment is to be confined. It is primarily concerned with the administrative execution of a sentence and does not interfere with the court’s power to determine guilt or impose the sentence.