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BNSS, 2023
Start Practicing
BNSSChapter XXXIVSection 465
Section465

Who may issue warrant

AI Assist

Summary

A warrant to execute a sentence can be issued by the Judge or Magistrate who passed the sentence, or by that officer's successor in office. It applies whenever a warrant is needed to enforce a sentence. The consequence is the sentence can be carried out without waiting for the original sentencing officer.

Example

Rohan is convicted and sentenced to two years' imprisonment by a Magistrate who is later transferred. The new Magistrate in that court may issue the warrant to send Rohan to jail. So Rohan's sentence can be executed without delay.

Bare Act

Enacted text

Every warrant for the execution of a sentence may be issued either by the Judge or Magistrate who passed the sentence, or by his successor-in-office.

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XXXIV

Chapter XXXIV

Execution, Suspension, Remission and Commutation of Sentences

In this chapter

  • 453Execution of order passed under section 409
  • 454Execution of sentence of death passed by High Court
  • 455Postponement of execution of sentence of death in case of appeal to Supreme Court
  • 456Commutation of sentence of death on pregnant woman
  • 457Power to appoint place of imprisonment
  • 458Execution of sentence of imprisonment
  • 459Direction of warrant for execution
  • 460Warrant with whom to be lodged
  • 461Warrant for levy of fine
  • 462Effect of such warrant
  • 463Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend
  • 464Suspension of execution of sentence of imprisonment
  • 465Who may issue warrant
  • 466Sentence on escaped convict when to take effect
  • 467Sentence on offender already sentenced for another offence
  • 468Period of detention undergone by accused to be set off against sentence of imprisonment
  • 469Saving
  • 470Return of warrant on execution of sentence
  • 471Money ordered to be paid recoverable as a fine
  • 472Mercy petition in death sentence cases
  • 473Power to suspend or remit sentences
  • 474Power to commute sentence
  • 475Restriction on powers of remission or commutation in certain cases
  • 476Concurrent power of Central Government in case of death sentences
  • 477State Government to act after concurrence with Central Government in certain cases
Previous · Section 464Suspension of execution of sentence of imprisonmentNext · Section 466Sentence on escaped convict when to take effect