Section 419 CrPC: Direction of Warrant for Execution – Code of Criminal Procedure

1. State the Code

Section 419 of the Code of Criminal Procedure (CrPC) deals with the direction of a warrant for execution.

2. Explanation

This section outlines the procedure for issuing a warrant for execution of a sentence or order. It specifies that a warrant for execution of a sentence or order passed by a Magistrate may be directed to be executed by the Magistrate passing it, or by any other Magistrate within whose local jurisdiction the person against whom the warrant is issued, is found or residing.

3. Illustration

Imagine a Magistrate in Delhi passes a sentence of imprisonment on an individual residing in Mumbai. Under Section 419, the Magistrate can either execute the warrant themselves or direct another Magistrate in Mumbai to execute it, as the individual is residing within the latter’s jurisdiction.

4. Common Questions and Answers

Q: Who can issue a warrant for execution under Section 419?
A: A Magistrate who has passed a sentence or order.

Q: Can a warrant for execution be directed to be executed outside the jurisdiction of the issuing Magistrate?
A: Yes, as long as the individual against whom the warrant is issued is found or residing within the jurisdiction of the receiving Magistrate.

Q: What happens if the individual against whom the warrant is issued is not found within the jurisdiction of the receiving Magistrate?
A: The receiving Magistrate can either forward the warrant to another Magistrate within whose jurisdiction the individual is found, or return the warrant to the issuing Magistrate.