Section 420 CrPC: Warrant with Whom to Be Lodged - Section 460 BNSS
Section 420 of the Code of Criminal Procedure, 1973 specifies who must receive the warrant when a prisoner is to be confined in a jail. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 460.
Section 420 CrPC - statutory text
420. Warrant with whom to be lodged. When the prisoner is to be confined in a jail, the warrant shall be lodged with the jailor.
This is the substantive text of Section 420 of the Code of Criminal Procedure, 1973, as reproduced on the original page.
Section 460 BNSS, 2023 - current provision
460. Warrant with whom to be lodged. When the prisoner is to be confined in a jail, the warrant shall be lodged with the jailor.
Section 460 of the BNSS carries forward the same requirement. The text is published in the official BNSS document hosted by the Bureau of Police Research and Development.
Meaning of warrant and jailor under this section
An imprisonment warrant is the court's written legal authority for carrying out a sentence of imprisonment. In the context of this provision, the jailor is the prison official with whom the warrant must be lodged when the sentenced person is to be confined in a jail.
The expression "shall be lodged" imposes a mandatory requirement concerning the custody of the warrant. The provision deals with the delivery of the warrant, not with deciding guilt, imposing a sentence or determining the length of imprisonment.
How the requirement operates
- A competent court passes a sentence of imprisonment and the necessary warrant is issued under the applicable criminal procedure.
- The warrant is directed to the officer in charge of the jail or other place of confinement under the related provision.
- When confinement is in a jail, the warrant must be lodged with the jailor as required by Section 460 BNSS or, where applicable, Section 420 CrPC.
For example, when a convicted person is sent to a district jail to serve a sentence, the imprisonment warrant is lodged with the jailor. This ensures the prison receives the legal authority relating to that confinement.
Related provisions on imprisonment warrants
Section 418 CrPC (corresponding to Section 458 BNSS) deals with execution of a sentence of imprisonment, including forwarding a warrant and the sentenced person to the place of confinement. Section 419 CrPC (corresponding to Section 459 BNSS) requires the warrant to be directed to the officer in charge of the jail or other place of confinement. Section 420 CrPC and Section 460 BNSS then specify where the warrant is lodged when the prisoner is to be confined in jail.
Important distinction: Section 420 of the Code of Criminal Procedure is about the lodging of a warrant; it is not the former Indian Penal Code provision on cheating, which also bore the number 420.
Frequently asked questions
What does Section 420 CrPC provide?
When a prisoner is to be confined in a jail, the warrant must be lodged with the jailor.
What is the corresponding BNSS section?
Section 460 of the Bharatiya Nagarik Suraksha Sanhita, 2023 contains the corresponding rule.
Who receives the warrant when the prisoner is to be confined in jail?
The jailor receives the warrant under Section 460 BNSS and Section 420 CrPC.
Does Section 420 CrPC deal with cheating?
No. Section 420 of the Code of Criminal Procedure concerns lodging a warrant with the jailor; it is distinct from Section 420 of the former Indian Penal Code.
Official legal sources
- India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023)
- Bureau of Police Research and Development - BNSS full text (PDF)
- National Crime Records Bureau - BNSS and CrPC section correspondence table
Legal information is provided for general reference. The applicable procedure depends on the facts and the statutory transition provisions.