Every warrant for the execution of a sentence of imprisonment shall be directed to the officer in charge of the jail or other place in which the prisoner is, or is to be, confined.
Bharatiya Nagarik Suraksha Sanhita
Section 459
Direction of warrant for execution
Englishहिंदी
⚡ Quick Answer Reference: Section 459 BNSS
- Provision: Section 459 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
- Jurisdiction: India
- Summary: This section states that a warrant for imprisonment must be sent to the officer in charge of the jail where the prisoner is or will be held.
Statutory Content
What does Section 459 of BNSS say?
Indian StandardSection 459, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 459 (India)
Court Pleading StandardSection 459 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/459
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 459 of BNSS mean?
Plain English Explanation
This section states that a warrant for imprisonment must be sent to the officer in charge of the jail where the prisoner is or will be held.
Practical Interpretation
In practice, this means that the court issuing the warrant must identify the correct jail and its officer to ensure the prisoner is correctly confined.
Core Legal Purpose
The purpose is to ensure that imprisonment sentences are executed correctly by directing warrants to the appropriate jail authorities.
Key Legal Elements
- •A warrant for the execution of a sentence of imprisonment
- •The warrant must be directed to the officer in charge of the jail
- •The prisoner must be or is to be confined in the specified jail
- •No specific exceptions are outlined in this section
Practical Example
Practical Example of Section 459 BNSS
For example, if Rajesh is sentenced to imprisonment, the court will issue a warrant directed to the officer in charge of the jail where Rajesh is to be held, ensuring he is confined as per the sentence.
Common Questions (FAQ)
Frequently Asked Questions about Section 459 BNSS
Q: What is the punishment or consequence under Section 459 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to the execution of sentences by public entities, specifically the officer in charge of a jail.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence, thus it is neither bailable nor cognizable as it pertains to procedural directives for imprisonment sentence execution.
People Also Ask (PAA)
Common Questions about Section 459 BNSS
What is Section 459 of BNSS?
Section 459 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Direction of warrant for execution". In plain terms: This section states that a warrant for imprisonment must be sent to the officer in charge of the jail where the prisoner is or will be held.
What is the punishment under Section 459 of BNSS?
Section 459 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 459 of BNSS bailable or non-bailable?
Whether Section 459 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 459 of BNSS?
The essential elements of Section 459 of BNSS are: A warrant for the execution of a sentence of imprisonment; The warrant must be directed to the officer in charge of the jail; The prisoner must be or is to be confined in the specified jail.
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