Criminal procedure | India

Section 425 CrPC: Who May Issue Warrant - Section 465 BNSS

Who can issue a warrant to execute a criminal sentence? The law recognises the Judge or Magistrate who passed the sentence and that judicial officer's successor-in-office.

Updated: 18 October 2026 | CrPC Section 425 | BNSS Section 465

Key rule: A warrant for execution of a sentence may be issued by the sentencing Judge or Magistrate or by their successor-in-office.

Section 425 CrPC - Full statutory text

Heading: Who may issue warrant.

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.

Section 425 of the Code of Criminal Procedure, 1973 identifies the judicial authority empowered to issue a sentence execution warrant. It does not itself prescribe the sentence or govern arrest warrants generally.

Current law: Section 465 BNSS, 2023

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) generally replaced the CrPC on 1 July 2024. Section 465 BNSS, titled Who may issue warrant, is the corresponding provision and retains the same rule:

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.

For pending proceedings and earlier orders, the repeal and savings provisions, including Section 531 BNSS, must be considered when deciding whether the CrPC or BNSS governs the procedure.

Meaning and scope of the provision

Sentencing Judge or Magistrate

The judicial officer who pronounced the sentence may issue the warrant needed for its execution. The warrant is an instrument implementing the sentence, not a fresh sentencing judgment.

Successor-in-office

If the sentencing judicial officer is transferred, retires or is succeeded in office, the successor may issue the warrant. This avoids interrupting the execution process merely because the officeholder has changed.

Execution of a sentence

The rule concerns the authority to issue a warrant for execution of a sentence. Other provisions govern how a sentence is executed, where imprisonment takes place, how a fine is recovered and when execution may be suspended.

Practical operation

A competent criminal court pronounces a sentence.
An execution warrant is required under the applicable law.
The sentencing Judge or Magistrate, or the lawful successor-in-office, issues the warrant.
The warrant is executed according to the provisions governing that type of sentence.

Section 421 CrPC / Section 461 BNSS - warrant for levy of fine.
Section 424 CrPC / Section 464 BNSS - suspension of execution of imprisonment in specified fine-default cases.
Section 425 CrPC / Section 465 BNSS - who may issue a sentence execution warrant.
Section 426 CrPC - when a sentence on an escaped convict takes effect.
Section 430 CrPC - return of warrant on execution of sentence.

Illustrative example

A Magistrate sentences an offender but is transferred before the sentence execution warrant is issued. The Magistrate's successor-in-office may issue the warrant, subject to the law governing the case, without requiring the original Magistrate to return to that court.

Frequently asked questions

Who may issue a sentence execution warrant under Section 425 CrPC?

The Judge or Magistrate who passed the sentence, or that judicial officer's successor-in-office, may issue the warrant.

What is the corresponding BNSS provision?

Section 465 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with who may issue a sentence execution warrant.

Can a successor Judge or Magistrate issue the warrant?

Yes. The provision expressly authorises the successor-in-office.

Does this provision cover arrest warrants generally?

No. It specifically addresses warrants for execution of a sentence.

Official legal sources

General legal information only. Check the current statute, applicable rules, court orders and subsequent amendments for a particular case.