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.
Bharatiya Nagarik Suraksha Sanhita
Section 462
Effect of such warrant
Englishहिंदी
⚡ Quick Answer Reference: Section 462 BNSS
- Provision: Section 462 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
- Jurisdiction: India
- Summary: A warrant issued by a court can be executed within its local jurisdiction. If the property is outside this area, the District Magistrate in charge of that area must endorse the warrant for it to be executed.
Statutory Content
What does Section 462 of BNSS say?
Indian StandardSection 462, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 462 (India)
Court Pleading StandardSection 462 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/462
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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 462 of BNSS mean?
Plain English Explanation
A warrant issued by a court can be executed within its local jurisdiction. If the property is outside this area, the District Magistrate in charge of that area must endorse the warrant for it to be executed.
Practical Interpretation
In practice, this means that a court's warrant can be used to seize property within its jurisdiction, but if the property is located elsewhere, the District Magistrate's endorsement is required to execute the warrant.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for executing warrants issued by courts, ensuring that property can be seized and sold even if it is located outside the court's jurisdiction, subject to the endorsement of the relevant District Magistrate.
Key Legal Elements
- •A warrant issued under clause (a) of sub-section (1) of section 461 by any Court.
- •The local jurisdiction of such Court.
- •The property is found within the local jurisdiction of the District Magistrate.
- •The District Magistrate's endorsement within whose local jurisdiction such property is found.
Practical Example
Practical Example of Section 462 BNSS
Rajesh, a resident of Mumbai, is involved in a court case in Delhi. The court issues a warrant to seize his property in Mumbai. However, the property is located in the jurisdiction of the District Magistrate of Thane. To execute the warrant, the District Magistrate of Thane must endorse the warrant, allowing the authorities to seize and sell Rajesh's property.
Common Questions (FAQ)
Frequently Asked Questions about Section 462 BNSS
Q: What is the effect of a warrant issued under Section 462 of BNSS?
A warrant issued under Section 462 of BNSS can be executed within the local jurisdiction of the court that issued it, and it authorises 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.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it deals with the execution of warrants issued by courts.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment. Therefore, it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 462 BNSS
What is Section 462 of BNSS?
Section 462 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Effect of such warrant". In plain terms: A warrant issued by a court can be executed within its local jurisdiction. If the property is outside this area, the District Magistrate in charge of that area must endorse the warrant for it to be executed.
What is the punishment under Section 462 of BNSS?
Section 462 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 462 of BNSS bailable or non-bailable?
Whether Section 462 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 462 of BNSS?
The essential elements of Section 462 of BNSS are: A warrant issued under clause (a) of sub-section (1) of section 461 by any Court.; The local jurisdiction of such Court.; The property is found within the local jurisdiction of the District Magistrate..
Landmark Case Laws
Landmark Judgments under Section 462 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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