Bharatiya Nagarik Suraksha Sanhita, 2023

Section 460 BNSS: Warrant with Whom to Be Lodged

Section 460 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the custody of the warrant when a prisoner is to be confined in a jail. The provision is short, but it forms part of the statutory procedure for execution of a sentence of imprisonment.

Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. Its provisions, subject to the notified exception concerning the First Schedule entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, came into force on 1 July 2024.

Text of Section 460 BNSS

460. Warrant with whom to be lodged. - When the prisoner is to be confined in a jail, the warrant shall be lodged with the jailor.

The official text may be checked in the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code.

Meaning and purpose of Section 460

Section 460 identifies the person with whom the warrant must be placed when the sentence requires the prisoner to be confined in a jail. In such a case, the warrant is to be lodged with the jailor. The warrant is the formal authority connected with the prisoner's confinement and the execution of the sentence.

In simple terms: where a prisoner is being sent to jail under a sentence of imprisonment, the relevant warrant must accompany the process of commitment and be lodged with the jail authority specified by the section.

How Section 460 fits with Sections 458 and 459

Section 460 should be read with the immediately preceding provisions governing execution of a sentence of imprisonment:

Section 458 BNSS	Deals with execution of a sentence of imprisonment and forwarding the warrant to the jail or other place of confinement.
Section 459 BNSS	Provides that a warrant for execution of a sentence of imprisonment is to be directed to the officer in charge of the jail or other place where the prisoner is, or is to be, confined.
Section 460 BNSS	Provides that when the prisoner is to be confined in a jail, the warrant shall be lodged with the jailor.

Together, these provisions establish a connected statutory sequence: the Court issues or forwards the warrant for execution of the sentence, the warrant is directed to the officer in charge of the place of confinement, and where confinement is in a jail, the warrant is lodged with the jailor.

Equivalent provision under the Code of Criminal Procedure, 1973

Section 460 BNSS corresponds to Section 420 of the Code of Criminal Procedure, 1973, which also dealt with the warrant being lodged with the jailor when the prisoner was to be confined in jail. The numbering has changed under the BNSS, while the core rule is substantially the same.

Why the warrant is important

A warrant for execution of a sentence is not merely an administrative document. It records the Court's authority for carrying the sentence into effect. Lodging the warrant with the jail authority ensures that the prison administration has the formal judicial authority under which the prisoner is received and confined.

Related BNSS provisions

Official resources

For authoritative reference, use the India Code text of the BNSS, 2023 and the Ministry of Home Affairs page on the new criminal laws.

This article is intended for general legal information. For a matter involving execution of a sentence, custody, prison admission or the validity of a warrant, the complete judicial order, warrant and applicable prison rules should also be examined.