Code
“A warrant issued under clause (a) of sub-section (1) of Section 461 BNSS by any Court may be executed within the local jurisdiction of such Court, and it shall authorize 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.”
Explanation
Section 462 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the execution of warrants issued under Section 461 BNSS. It clarifies that:
- Jurisdiction for Execution: A warrant issued under Section 461 can be executed within the Court’s local jurisdiction.
- Execution Beyond Jurisdiction: If property subject to attachment is located outside the Court’s jurisdiction, execution is allowed but requires the endorsement of the District Magistrate where the property is found.
- Enforcement Authority: The endorsement by the District Magistrate ensures legal compliance and prevents unauthorized seizures beyond jurisdictional limits.
Illustration
Example 1: Execution Within Jurisdiction
A magistrate issues a warrant under Section 461 BNSS for the attachment of an accused person’s property located within the same district. The police execute the warrant without any additional approvals.
Example 2: Execution Beyond Jurisdiction
A Sessions Court in Delhi issues a warrant under Section 461 BNSS for the attachment of property belonging to an accused person in Lucknow. Since the property is outside the issuing Court’s jurisdiction, the warrant must be endorsed by the District Magistrate of Lucknow before execution.
Common Questions & Answers on Section 462 BNSS
1. Can a Court execute a warrant beyond its jurisdiction without approval?
No, a warrant can only be executed outside the issuing Court’s jurisdiction if endorsed by the District Magistrate of the area where the property is located.
2. What happens if the District Magistrate refuses to endorse the warrant?
If the District Magistrate does not endorse the warrant, the warrant cannot be executed in that jurisdiction. The Court issuing the warrant may need to provide further justifications.
3. Can an attachment under Section 462 BNSS be challenged?
Yes, the affected party can challenge the warrant’s execution in the higher Court if it was issued improperly or without legal grounds.
4. Does Section 462 BNSS apply to all types of property?
Yes, Section 462 applies to all property subject to attachment and sale under the BNSS framework, unless explicitly exempted by law.
5. What is the difference between Sections 461 and 462 BNSS?
- Section 461 BNSS: Specifies when and how a warrant can be issued.
- Section 462 BNSS: Governs the execution of such warrants, especially when the property is outside the Court’s jurisdiction.
Conclusion
Section 462 BNSS ensures proper jurisdictional execution of warrants, preventing unauthorized actions. It mandates that out-of-jurisdiction property seizures require approval from the respective District Magistrate, balancing judicial authority and territorial legal oversight.
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