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The Code of Criminal Procedure, 1898

( ACT NO. V OF 1898 )

Chapter XLVI


Removal to criminal jail of accused or convicted persons who are in confinement in civil jail, and their return to the civil jail
(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 lapsed since he was removed to the criminal jail, in which case he shall be deemed to have been discharged from the civil jail under 1[section 58] of the 2[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 discharged under 3[section 58] of the 4[Code of Civil Procedure, 1908].

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