Section 422 CrPC and Section 462 BNSS: Effect of Such Warrant
A fine-recovery warrant for attachment and sale of movable property may be executed within the issuing court's local jurisdiction. For property located outside that area, the warrant must be endorsed by the District Magistrate having jurisdiction over the property.
Section 462 BNSS, 2023 - Effect of such warrant
Section 462 is contained in the provisions relating to the levy of fines and refers specifically to a warrant issued under Section 461(1)(a) BNSS.
Statutory text of Section 462 BNSS
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.
The provision addresses where a court's fine-recovery warrant can operate and the additional endorsement required when movable property is located outside the court's territorial jurisdiction.
Section 422 CrPC, 1973 - Effect of such warrant
Section 422 of the former Code of Criminal Procedure provided the same territorial mechanism, referring to the fine-recovery warrant under Section 421(1)(a) CrPC.
Statutory text of Section 422 CrPC
A warrant issued under clause (a) of sub-section (1) of section 421 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.
The text remains relevant when examining proceedings governed by the former Code and the transitional arrangements under Section 531 BNSS.
Meaning and legal requirements
1. A warrant must be issued for levy of a fine
Section 461(1)(a) BNSS empowers the sentencing court, where a fine remains unpaid, to issue a warrant to recover the amount by attachment and sale of the offender's movable property. Section 462 governs the territorial effect of that particular warrant.
2. Execution within the court's local jurisdiction
The warrant may be executed within the local jurisdiction of the court that issued it. No endorsement under Section 462 is required merely because the warrant is executed at a different location within that same jurisdiction.
3. Property situated outside the court's jurisdiction
Where movable property is found outside the issuing court's local jurisdiction, attachment and sale under the warrant require endorsement by the District Magistrate having local jurisdiction over the place where the property is found.
4. Endorsement does not create a new sentence
The endorsement extends the warrant's territorial enforceability for the specified property. It does not amount to a fresh conviction, a new fine, or independent authority to seize property unrelated to the fine-recovery warrant.
5. Distinction from recovery through the Collector
Section 461(1)(b) BNSS separately allows a warrant to the district Collector to recover a fine as arrears of land revenue from movable or immovable property. Section 462 specifically concerns warrants under Section 461(1)(a), rather than automatically governing every recovery mechanism.
6. Claims by third parties
Section 461(2) BNSS allows State Government rules regulating execution of attachment warrants and summary determination of claims by persons other than the offender concerning attached property. Any execution should comply with the applicable rules and protections for third-party interests.
Illustrative example
A criminal court in District A issues a warrant under Section 461(1)(a) BNSS to recover an unpaid fine by attachment and sale of the offender's movable property. If the property is within the court's local jurisdiction, the warrant may be executed there. If the property is found in District B, outside that jurisdiction, Section 462 requires the warrant to be endorsed by the District Magistrate having jurisdiction over the location in District B before attachment and sale there.
This example is explanatory. The actual procedure depends on the warrant, territorial boundaries, applicable rules and any third-party claims.
Frequently asked questions
What does Section 462 BNSS provide?
It permits a court-issued warrant for levy of a fine by attachment and sale of movable property to be executed within the issuing court's local jurisdiction. For property outside that jurisdiction, endorsement by the District Magistrate of the place where the property is found is required.
Which CrPC section corresponds to Section 462 BNSS?
Section 422 of the Code of Criminal Procedure, 1973 corresponds to Section 462 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Does Section 462 BNSS apply to every fine recovery warrant?
It specifically refers to a warrant under Section 461(1)(a) BNSS, which concerns attachment and sale of the offender's movable property. Recovery through the Collector is separately addressed under Section 461(1)(b) and (3).
Can movable property outside the issuing court's jurisdiction be attached?
Yes, but the warrant must first be endorsed by the District Magistrate having local jurisdiction over the place where that property is found.
Is the old CrPC provision still relevant?
The BNSS came into force on 1 July 2024 and repealed the CrPC, subject to the savings and transitional provisions in Section 531 BNSS. The applicable procedural law depends on the circumstances of the proceeding.
Official legal sources and further reading
- India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023)
- Bureau of Police Research and Development - BNSS statutory text (PDF)
- National Crime Records Bureau - New Criminal Laws and section correspondence
- Section 421 CrPC - Warrant for levy of fine
- Section 423 CrPC - Warrant issued outside the Code's territorial extent
Legal information updated 18 October 2026. Consult the current statutory text, applicable rules and case-specific orders before acting.