Section 460 BNSS: Warrant with whom to be lodged (Formerly Section 420 CrPC)

Section 460 of Bharatiya Nagarik Suraksha Sanhita, 2023: Warrant with whom to be lodged

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 460

Section 460 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 420 of the CrPC, 1973) prescribes that the warrant of imprisonment shall be lodged with the officer in charge of the jail where the prisoner is confined.

Lodging with Jail Officer: When the prisoner is to be confined in a jail, the warrant shall be lodged with the officer in charge of the jail.
Custodian's Authority: The lodged warrant constitutes the jail officer's statutory authority to hold the prisoner in custody.
Return upon Sentence Completion: Upon completion of the sentence, the warrant is endorsed by the jail officer and returned to the sentencing court.

Key Landmark Precedents:

Kavita v. State (NCT of Delhi), (2000) 6 SCC 289: Held that detention in prison without a valid, signed judicial warrant lodged with the jailer is illegal and warrants habeas corpus.
Sunil Batra v. Delhi Administration, (1980) 3 SCC 488: Emphasized that jail superintendents are custodians of the prisoner pursuant to the judicial warrant, not independent punishing authorities.

Courtroom Practice & Strategic Litigation Guidance:

In parole and furlough applications, obtain a certified copy of the conviction warrant lodged under Section 460 to establish exact sentence duration and verify good conduct entries.