Section 418 CrPC: Execution of sentence of imprisonment

Code of Criminal Procedure, 1973

Section 418 CrPC at a Glance

Section 418 CrPC deals with execution of sentence of imprisonment. From 1 July 2024 it is replaced by Section 458 BNSS.

Now BNSS

What Section 418 CrPC Says

418. Execution of sentence of imprisonment
(1) Where the accused is sentenced to imprisonment for life or to imprisonment for a term in cases other than those provided for by section 413, the Court passing the sentence shall forthwith forward a warrant to the jail or other place in which he is, or is to be, confined, and, unless the accused is already confined in such jail or other place, shall forward him to such jail or other place, with the warrant:
Provided that where the accused is sentenced to imprisonment till the rising of the Court, it shall not be necessary to prepare or forward a warrant to a jail, and the accused may be confined in such place as the Court may direct.
(2) Where the accused is not present in Court when he is sentenced to such imprisonment as is mentioned in sub-section (1), the Court shall issue a warrant for his arrest for the purpose of forwarding him to the jail or other place in which he is to be confined; and in such case, the sentence shall commence on the date of his arrest.

Source: Section 418, Code of Criminal Procedure, 1973

Section 418 CrPC in Simple Words

Section 418 of the Code of Criminal Procedure, 1973 deals with the execution of a sentence of imprisonment.

Where the accused is not present in Court when sentenced, the Court shall issue a warrant for the arrest of the accused, and the sentence shall commence on the date of the arrest.

When Section 418 CrPC Applies

The Court passing the sentence shall forward a warrant to the jail or other place in which the accused is, or is to be, confined.
Unless the accused is already confined in such jail or other place, the Court shall forward the accused to such jail or other place, with the warrant.
Where the accused is sentenced to imprisonment till the rising of the Court, it shall not be necessary to prepare or forward a warrant to a jail, and the accused may be confined in such place as the Court may direct.
Where the accused is not present in Court when sentenced, the Court shall issue a warrant for the arrest of the accused for the purpose of forwarding the accused to the jail or other place in which the accused is to be confined.

Time Limits Under Section 418 CrPC

The Court passing the sentence shall forthwith forward a warrant to the jail or other place in which the accused is, or is to be, confined.Act text: “shall forthwith forward a warrant to the jail or other place”
Where the accused was not present in Court when sentenced, the sentence shall commence on the date of the arrest of the accused.Act text: “the sentence shall commence on the date of his arrest”

Example of Section 418 CrPC

A Court sentences Ramesh to imprisonment for a term in a case other than one provided for by Section 413 CrPC. Ramesh is not already confined in a jail. Under Section 418(1) CrPC the Court passing the sentence shall forthwith forward a warrant to the jail where Ramesh is to be confined, and shall forward Ramesh to that jail with the warrant. Suresh is sentenced in the same way but is not present in Court when sentenced. Under Section 418(2) CrPC the Court shall issue a warrant for the arrest of Suresh, and the sentence shall commence on the date Suresh is arrested.

When Section 418 CrPC Does Not Apply

Section 418(1) CrPC speaks of imprisonment for life or for a term in cases other than those provided for by Section 413 CrPC. It does not deal with the execution of an order passed under Section 368 CrPC, which Section 413 CrPC provides for.
Section 418 CrPC speaks of a sentence of imprisonment. It does not deal with a warrant for levy of fine, which Section 421 CrPC covers.

Section 418 CrPC Under BNSS 458: What Changed

Section 418 CrPC is now covered under Section 458 BNSS.

Section 458 BNSS has the same heading and the same text as Section 418 CrPC. The one difference is the cross-reference in Section 458(1) BNSS, which reads Section 453 BNSS where Section 418(1) CrPC read Section 413 CrPC.

View detailed comparison (CrPC 418 vs BNSS 458) →

FAQs on Section 418 CrPC

What must the Court do under Section 418 CrPC when it sentences an accused to imprisonment?▼

Where the accused is sentenced to imprisonment for life or to imprisonment for a term in cases other than those provided for by Section 413 CrPC, the Court passing the sentence shall forthwith forward a warrant to the jail or other place in which the accused is, or is to be, confined. Unless the accused is already confined in such jail or other place, the Court shall forward the accused there with the warrant.

Is a warrant needed under Section 418 CrPC when the sentence is imprisonment till the rising of the Court?▼

Under the proviso to Section 418(1) CrPC, where the accused is sentenced to imprisonment till the rising of the Court, it shall not be necessary to prepare or forward a warrant to a jail, and the accused may be confined in such place as the Court may direct.

What happens under Section 418(2) CrPC if the accused is not present in Court when sentenced?▼

The Court shall issue a warrant for the arrest of the accused for the purpose of forwarding the accused to the jail or other place in which the accused is to be confined, and the sentence shall commence on the date of the arrest.

Where is Section 418 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 418(1) CrPC is found in Section 458(1) BNSS and Section 418(2) CrPC in Section 458(2) BNSS. The proviso to Section 418(1) CrPC is found in the proviso to Section 458(1) BNSS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·