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Section 462 BNSS: Effect of Such Warrant

Section 462 of the Bharatiya Nagarik Suraksha Sanhita, 2023 explains the territorial effect of a warrant issued under Section 461(1)(a) for recovery of a fine by attachment and sale of movable property. It tells the Court how that warrant operates within its own local jurisdiction and how it can operate when the relevant property is located outside that jurisdiction.

Text of Section 462 BNSS

462. Effect of such warrant.

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.

Meaning and Scope of Section 462

Section 462 is an execution provision. It does not itself create the power to impose a fine or issue the original recovery warrant. That power is found in Section 461 BNSS. Section 462 determines how a warrant issued under Section 461(1)(a) can be acted upon when movable property belonging to the offender is situated within or beyond the issuing Court's local jurisdiction.

  • A Court may execute the warrant within its own local jurisdiction.
  • The warrant may also support attachment and sale of movable property situated outside that jurisdiction.
  • For property outside the issuing Court's jurisdiction, endorsement by the District Magistrate having local jurisdiction over the place where the property is found is required.
  • The provision specifically refers to a warrant under Section 461(1)(a), which concerns recovery of fine through attachment and sale of movable property.

Section 461 provides the recovery mechanisms available when an offender has been sentenced to pay a fine and payment has not been made. Under Section 461(1)(a), the Court may issue a warrant to levy the fine by attachment and sale of movable property belonging to the offender. Section 462 then governs the territorial reach of that particular warrant.

Provision Purpose
Section 461(1)(a) Authorises issue of a warrant for levy of the fine by attachment and sale of the offender's movable property.
Section 462 Explains where that warrant may be executed and the endorsement needed when property is outside the issuing Court's local jurisdiction.

Execution Inside and Outside Local Jurisdiction

Property within the Court's local jurisdiction

If the movable property is found within the local jurisdiction of the Court that issued the warrant under Section 461(1)(a), Section 462 permits execution of the warrant within that jurisdiction.

Property outside the Court's local jurisdiction

If the movable property is found outside the issuing Court's local jurisdiction, the warrant can authorise attachment and sale there after it is endorsed by the District Magistrate within whose local jurisdiction the property is found. The endorsement therefore provides the statutory basis for execution of that warrant beyond the issuing Court's territorial limits.

Practical point: Section 462 should be read with Section 461 because the expression "such warrant" refers specifically to the warrant for levy of fine contemplated by Section 461(1)(a).

Corresponding Provision under the Code of Criminal Procedure, 1973

Section 462 BNSS corresponds to Section 422 of the Code of Criminal Procedure, 1973, which was also titled "Effect of such warrant." The subject and operative mechanism are carried forward into the BNSS, with the cross-reference updated from the former Section 421 to Section 461 BNSS.

The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024. Questions concerning proceedings initiated under the earlier Code may also require consideration of the applicable saving and transitional provisions.

Illustrative Example

Suppose a Court issues a warrant under Section 461(1)(a) 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 another district, Section 462 enables attachment and sale outside the issuing Court's jurisdiction once the warrant is endorsed by the District Magistrate having local jurisdiction where that property is found.

Official Sources

This page is intended for legal information and general reference. For a case-specific issue, the current statutory text, applicable rules, notifications and judicial decisions should be checked.