CrPC Section 453
🔹 Section 453 CrPC – Order of Detention in Custody
🔸 Text of Section 453 CrPC:
When any person is committed to prison or otherwise taken into custody in execution of a warrant of arrest, or in obedience to an order of a court, the officer in charge of the prison or the person having the custody of that person shall take order for the proper detention of that person in the prison or other place of custody.
🔹 Explanation:
1. What Does Section 453 Say?
Whenever a person is:
Committed to prison or
Taken into custody by virtue of:
A warrant of arrest
An order of the court
The officer in charge of the prison, or the person who has custody of the accused, must ensure the proper detention of that person.
2. Who is Responsible?
The prison officer or the person who actually has physical custody of the accused.
They are responsible for ensuring that the person is safely and properly detained.
3. Purpose of Section 453:
To ensure safe custody of persons arrested or detained.
To make sure that the authorities in charge are legally bound to take proper care of the prisoner.
This prevents escape, ill-treatment, or any negligence in detention.
4. Scope of “Proper Detention”
It includes:
Taking reasonable care for the person’s safety.
Preventing escape.
Providing basic necessities as per prison rules.
Following legal protocols for detention.
5. Relation with Other Sections
Section 453 complements other provisions related to arrest, detention, and custody.
While arrest or custody is ordered under other sections (like Section 41 or 437), Section 453 imposes the duty on custodians for proper detention.
🔹 Summary:
When a person is arrested or committed to custody, Section 453 makes the custodian legally responsible for their safe and proper detention.
It protects the rights of the detainee from negligence or mistreatment during custody.
Ensures the person remains in lawful custody until lawfully released.
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