Jan 18, 2018
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Warrant for Execution of Sentence under Code of Criminal Procedure

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Warrant for Execution of Sentence under Code of Criminal Procedure, 1973

Who may issue warrant and with whom?(section 42o and 425)

Every warrant issued by the Judge or Magistrate or by also his successor-in-officer who passes the sentence. The warrant issued for the execution of a sentence. As the prisoner confined in a jail, the warrant shall lodged with the Jailor.

Direction of warrant for execution (section 419)

The judge or Magistrate shall direct every warrant for the execution of a sentence of imprisonment to the officer in charge of the jail or other place where prisoner confined.

Warrant for levy of fine (Section 421)

When the court passes the sentence to pay a fine by the offender, the court may take action for recovery of such fine. Recovery of the fine can done in two ways. Either or both of the following ways and it may :

  1. issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender;
  2. issue a warrant to the collector of the district, authorizing him to realise the amount as arrears of land revenue from the movable or immovable property, or both of the defaulter:

The State Government may make rules regarding in which manner execution of warrants will carried out. Also for summary determination of any claims made by any person other than the offender in respect of any properly attached in execution of such warrant.

The Court also issues a warrant to the Collector under clause (b) of Sub-Section (1) of section 421. The Collector shall realise the amount according to the law relating to recovery of arrears of land revenue. As if such warrant certificate issued under such law. Provided that no such warrant shall executed by the arrest or detention in prison of the offender.

Effect of such warrant (section 422)

A warrant issued under section 421 by any Court may executed within the local jurisdiction of such Court. It shall also authorize the attachment and sale of any such property outside such jurisdiction. When its endorsed by the District Magistrate within whose local jurisdiction such property located.

Warrant for levy of fine issued by a Court in any territory to which this Code does not extend ( Section 423)

When criminal court sentence an offender to pay a fine. But such court passes the sentence in any territory to which this Code does not extend.  Then such court may issue a warrant to the collector of a district in the territories to which this Code extends. The Warrant authorizes him to realise the amount as an arrears of land revenue. Such warrant shall deemed to a warrant issued under clause (b) of Sub-Section (1) of section 421 by a Court in the territories to which this Code extends.

Return of warrant on execution of sentence ( Section 430)

As soon as sentence has fully executed. The officer executing it shall return the warrant to the Court from which it issued. Endorsing under his hand certifying the manner in which the sentence has executed.
Article Categories:
Criminal law

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