Section 465 BNSS: Who may issue warrant (Formerly Section 425 CrPC)

Section 465 of Bharatiya Nagarik Suraksha Sanhita, 2023: Who may issue warrant

Official Bare Act Text

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

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.

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 465

Section 465 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 425 of the CrPC, 1973) governs who may issue a warrant for the execution of a criminal sentence, permitting the presiding officer or their successor in office to issue the warrant.

Authority to Issue Execution Warrant: Every warrant for the execution of any sentence may be issued either by the Judge or Magistrate who passed the sentence, or by their successor-in-office.
Institutional Continuity: Prevents paralysis of judicial execution when the original trial judge is transferred, retired, or elevated.
Authentication Requirement: The successor-in-office must verify the original judgment before signing the committal warrant under their hand and seal.

Key Landmark Precedents:

Pyare Lal v. State of Punjab, AIR 1962 SC 690: The Supreme Court recognized that ministerial and execution functions can be carried out by successors-in-office without reopening the merits of the case.
Kavita v. State (NCT of Delhi), (2000) 6 SCC 289: Affirmed that warrants signed by a successor-in-office in the discharge of official duties possess full legal validity.

Courtroom Practice & Strategic Litigation Guidance:

If a committal warrant is issued years after the trial by a successor judge, verify whether the sentence was suspended in appeal or whether the limitation for execution was stayed by a superior court.