Section 465 BNSS 2023: Who May Issue Warrant for Execution of Sentence
Section 465 of the Bharatiya Nagarik Suraksha Sanhita, 2023 specifies the judicial authority competent to issue a warrant for execution of a sentence. The provision ensures continuity where the Judge or Magistrate who passed the sentence is no longer holding that office.
Text of Section 465 BNSS
465. 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.
Meaning and Scope of Section 465
The provision deals with the authority to issue a warrant after a sentence has been passed by a criminal court. It recognizes two persons who may lawfully issue such a warrant: the Judge or Magistrate who passed the sentence, and the successor-in-office of that Judge or Magistrate.
A successor-in-office is the judicial officer who lawfully succeeds to the same judicial office or court. Therefore, execution of a sentence does not become dependent upon the continued availability, posting or tenure of the individual judicial officer who originally pronounced the sentence.
Key Legal Points
- The section applies to a warrant issued for execution of a sentence.
- The Judge or Magistrate who passed the sentence may issue the warrant.
- The lawful successor-in-office of that Judge or Magistrate may also issue the warrant.
- The provision supports continuity in execution proceedings even after transfer, retirement, elevation or other change of the original presiding officer.
- Section 465 concerns the authority issuing the execution warrant; other provisions of the BNSS govern the manner in which particular sentences are executed.
Corresponding Provision under the Code of Criminal Procedure, 1973
Section 465 BNSS corresponds to Section 425 of the Code of Criminal Procedure, 1973. The language and legal rule are materially the same: the execution warrant may be issued by the Judge or Magistrate who passed the sentence or by that officer's successor-in-office.
| Current law | Earlier corresponding provision | Subject |
|---|---|---|
| Section 465, Bharatiya Nagarik Suraksha Sanhita, 2023 | Section 425, Code of Criminal Procedure, 1973 | Who may issue warrant for execution of a sentence |
When Did the BNSS Come into Force?
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The Central Government appointed 1 July 2024 as the date on which the Sanhita came into force, subject to the exception stated in the commencement notification.
Practical Effect of Section 465
The practical purpose of Section 465 is to prevent an administrative change in the court from obstructing execution of a sentence. Once a sentence has been lawfully passed, the power to issue the required execution warrant continues with the court through the Judge or Magistrate's successor-in-office.
Related BNSS Provisions
The surrounding provisions deal with connected matters relating to execution of sentences. You may also refer to Section 461 - Warrant for levy of fine, Section 462 - Effect of such warrant, Section 463 - Warrant for levy of fine issued by a Court in any territory to which the Sanhita does not extend, Section 464 - Suspension of execution of sentence of imprisonment, Section 466 - Sentence on escaped convict when to take effect, Section 467 - Sentence on offender already sentenced for another offence, Section 468 - Period of detention undergone by accused to be set off against sentence of imprisonment, Section 469 - Saving, and Section 470 - Return of warrant on execution of sentence.
Official Legal Sources
For the authoritative statutory text and commencement notification, refer to the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code and the Ministry of Home Affairs commencement notification dated 23 February 2024.
Disclaimer: This article is intended for general legal information. The statutory text, amendments, notifications and binding judicial decisions should be checked for application to any particular case.