Code: Section 465 BNSS
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.
Explanation of Section 465 BNSS
Section 465 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, outlines who has the authority to issue a warrant for executing a sentence.
Key Provisions
- Authority to Issue a Warrant
- A Judge or Magistrate who passed the sentence has the power to issue a warrant for its execution.
- Successor-in-Office Can Issue a Warrant
- If the original Judge or Magistrate is no longer in office, their successor-in-office can issue the warrant.
- Ensures Continuity of Legal Proceedings
- This provision prevents delays in justice by allowing the execution of sentences even if the issuing authority changes.
Illustrations
Example 1: Judge Issuing a Warrant
A Sessions Court Judge sentences an offender to five years of imprisonment. The same Judge later issues a warrant for execution of the sentence.
Example 2: Successor-in-Office Issuing a Warrant
A Magistrate sentences a person to six months of imprisonment but retires before issuing the execution warrant. His successor-in-office issues the warrant, ensuring no delay in the execution of the sentence.
Common Questions & Answers on Section 465 BNSS
1. Who can issue a warrant for the execution of a sentence?
The Judge or Magistrate who passed the sentence or their successor-in-office can issue the warrant.
2. What happens if the original Judge or Magistrate is transferred or retires?
The successor-in-office has the authority to issue the warrant.
3. Does this section apply to all types of sentences?
Yes, this section applies to all sentences requiring a warrant for execution.
4. Can a higher court issue an execution warrant under this section?
No, only the Judge or Magistrate who passed the sentence or their successor-in-office can issue the warrant.
5. Why is this provision important?
It ensures continuity in justice and prevents procedural delays due to judicial transfers or retirements.
Conclusion
Section 465 BNSS ensures that the execution of sentences is not delayed due to a change in judicial officers. This provision maintains the efficiency and consistency of legal proceedings.
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