Section 462 BNSS: Effect of such warrant (Formerly Section 422 CrPC)

Section 462 of Bharatiya Nagarik Suraksha Sanhita, 2023: Effect of such warrant

Official Bare Act Text

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

A warrant issued under clause (a) of sub-section (1) of section 461 by any Court may be executed within the local jurisdiction of such Court, and it shall authorise the attachment and sale of any such property outside such jurisdiction, when it is endorsed by the District Magistrate within whose local jurisdiction such property is found.

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 462

Section 462 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 422 of the CrPC, 1973) governs the territorial effect and execution of fine attachment warrants outside the local jurisdiction of the issuing court.

Execution Outside District: A warrant issued under Section 461(1)(a) by any Court may be executed within the local jurisdiction of such Court, or outside such jurisdiction if endorsed by the District Magistrate of that other district.
Attachment of Movable Property: The Collector or police officers may seize and attach movable assets belonging to the offender located in another district.
Third-Party Claims Adjudication: Third-party claims regarding ownership of attached property must be adjudicated before sale.

Key Landmark Precedents:

State of Punjab v. Satnam Singh, 1991 Cri LJ 1120: Held that execution of fine warrants outside the home district requires strict compliance with endorsement procedures by the local District Magistrate.
Harisingh v. Sukhbir Singh, (1988) 4 SCC 551: Affirmed that realized fines are utilized primarily to satisfy victim compensation awarded under the Code.

Courtroom Practice & Strategic Litigation Guidance:

If the prosecution seeks to attach family property or assets held jointly in another district, file an objection under Section 462 establishing third-party title to prevent wrongful attachment.