Section 430 CrPC: Return of Warrant on Execution of Sentence

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Section 430 CrPC: Return of Warrant on Execution of Sentence

1. State the Code

Section 430 of the Code of Criminal Procedure (CrPC), 1973 deals with the return of warrant on execution of sentence.

2. Explain it

This section outlines the procedure for returning the warrant to the court after the sentence has been executed. It essentially specifies:

  • The warrant issued for the execution of sentence must be returned to the court.
  • The warrant must be returned with an endorsement detailing the execution of the sentence.
  • The endorsement should include information about the date and manner of execution, and if applicable, any special circumstances.

The return of the warrant signifies the completion of the legal process related to the execution of the sentence.

3. Illustrate it

Imagine a person named John is sentenced to a three-month imprisonment. A warrant is issued for his arrest and imprisonment. Once John completes his three-month sentence, the prison authorities will return the warrant to the court. They will endorse the warrant, stating that John has served his sentence from [Date] to [Date] and is now released.

4. Common Questions and Answers

Q: What happens if the warrant is not returned?
A: Failure to return the warrant can lead to administrative action and potentially even legal consequences.

Q: Who is responsible for returning the warrant?
A: The authority that executed the sentence is responsible for returning the warrant to the issuing court.

Also Read  Section 196 CrPC: Prosecution for Offences Against the State & Criminal Conspiracy
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