Code
460. When the prisoner is to be confined in a jail, the warrant shall be lodged with the jailor.
Explanation of Section 460 BNSS
Section 460 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the procedure regarding the lodging of a warrant when a prisoner is to be confined in jail. It establishes that:
- Mandatory Lodging of Warrant – When a prisoner is committed to jail, the legal warrant must be formally lodged with the jailor.
- Jailor’s Responsibility – The jailor is responsible for ensuring the custody of the prisoner as per the warrant.
- Legal Compliance – This provision ensures proper documentation and accountability in the execution of judicial orders.
This section ensures that any individual who is ordered to be imprisoned is only confined when the warrant is properly lodged, preventing arbitrary detention.
Illustration
Example 1: Prisoner Sent to Jail with a Warrant
A person is convicted of theft under Section 303 BNSS and sentenced to six months of imprisonment. The judge issues a warrant for confinement, which is handed over to the jailor to execute the order.
Example 2: Failure to Lodge the Warrant
If the police bring a convict to the jail without the proper warrant, the jailor is within their rights to refuse custody of the prisoner until the warrant is provided.
Common Questions and Answers on Section 460 BNSS
1. Who is responsible for lodging the warrant in jail?
The police or the responsible authority must ensure that the warrant is properly lodged with the jailor when committing a prisoner to jail.
2. What happens if a prisoner is sent to jail without a warrant?
If no warrant is lodged, the jailor has the authority to refuse custody of the prisoner until the proper legal procedure is followed.
3. Can a prisoner be detained without a warrant?
No, a prisoner cannot be detained in jail without a proper warrant issued by a competent court.
4. Does Section 460 BNSS apply to undertrial prisoners?
Yes, undertrial prisoners must also have the proper judicial warrant before being confined in jail.
5. What is the purpose of lodging a warrant?
Lodging the warrant ensures legal compliance, accountability, and prevents unlawful detention.
Conclusion
Section 460 BNSS ensures that a prisoner is legally confined only when a warrant is properly lodged with the jailor. This provision upholds legal safeguards and prevents arbitrary detention.
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