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.
Bharatiya Nagarik Suraksha Sanhita
Section 465
Who may issue warrant
Englishहिंदी
⚡ Quick Answer Reference: Section 465 BNSS
- Provision: Section 465 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
- Jurisdiction: India
- Summary: This section allows either the Judge or Magistrate who originally passed a sentence, or their successor, to issue a warrant for the execution of that sentence.
Statutory Content
What does Section 465 of BNSS say?
Indian StandardSection 465, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 465 (India)
Court Pleading StandardSection 465 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/465
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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 465 of BNSS mean?
Plain English Explanation
This section allows either the Judge or Magistrate who originally passed a sentence, or their successor, to issue a warrant for the execution of that sentence.
Practical Interpretation
In practice, this means that even if the original Judge or Magistrate is no longer in office, their successor can still issue a warrant to carry out the sentence, ensuring continuity in the legal process.
Core Legal Purpose
The purpose of this provision is to ensure that sentences can be executed efficiently, without delay, by allowing either the original sentencing authority or their successor to issue the necessary warrant.
Key Legal Elements
- •The warrant must be for the execution of a sentence.
- •The warrant can be issued by the Judge or Magistrate who passed the sentence.
- •The key legal test is whether the person issuing the warrant is the original Judge or Magistrate, or their successor-in-office.
- •There is no explicit exception or limitation mentioned in this section.
Practical Example
Practical Example of Section 465 BNSS
For instance, if Judge Rajesh passes a sentence and then retires, his successor, Judge Priya, can issue a warrant for the execution of that sentence under this section, ensuring the legal process continues uninterrupted. This applies to all types of sentences where a warrant is necessary for execution.
Common Questions (FAQ)
Frequently Asked Questions about Section 465 BNSS
Q: What is the punishment or consequence under Section 465 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 process of executing sentences through warrants issued by Judges or Magistrates, or their successors, and does not directly address private individuals or public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence; it outlines a procedural aspect of executing sentences and therefore does not classify an offence as bailable or cognizable.
People Also Ask (PAA)
Common Questions about Section 465 BNSS
What is Section 465 of BNSS?
Section 465 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Who may issue warrant". In plain terms: This section allows either the Judge or Magistrate who originally passed a sentence, or their successor, to issue a warrant for the execution of that sentence.
What is the punishment under Section 465 of BNSS?
Section 465 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 465 of BNSS bailable or non-bailable?
Whether Section 465 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 465 of BNSS?
The essential elements of Section 465 of BNSS are: The warrant must be for the execution of a sentence.; The warrant can be issued by the Judge or Magistrate who passed the sentence.; The key legal test is whether the person issuing the warrant is the original Judge or Magistrate, or their successor-in-office..
Landmark Case Laws
Landmark Judgments under Section 465 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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