Section 425 CrPC: Who may issue warrant

Code of Criminal Procedure, 1973

Section 425 CrPC at a Glance

Section 425 CrPC deals with who may issue warrant. From 1 July 2024 it is replaced by Section 465 BNSS.

What Section 425 CrPC Says

425. Who may issue warrant

Every warrant for the execution of a sentence may be issued either by the Judge or Magistrate who passed the sentence, or by his successor-in-office.

Source: Section 425, Code of Criminal Procedure, 1973

Section 425 CrPC in Simple Words

Section 425 of the Code of Criminal Procedure, 1973 deals with who may issue a warrant. Every warrant for the execution of a sentence may be issued either by the Judge or Magistrate who passed the sentence, or by his successor-in-office.

When Section 425 CrPC Applies

  • The Judge or Magistrate who passed the sentence may issue the warrant for the execution of the sentence.
  • The successor-in-office of that Judge or Magistrate may also issue the warrant.

Example of Section 425 CrPC

A Magistrate passes a sentence of imprisonment on Ramesh, and another Magistrate later succeeds to the office. Under Section 425 CrPC the warrant for the execution of the sentence may be issued by the Magistrate who passed the sentence or by the successor-in-office of that Magistrate.

When Section 425 CrPC Does Not Apply

  • Section 425 CrPC speaks of who may issue a warrant for the execution of a sentence. It does not deal with the direction of the warrant to the officer in charge of the jail, which Section 419 CrPC covers.
  • Section 425 CrPC speaks of the issue of the warrant. It does not deal with the lodging of the warrant with the jailor, which Section 420 CrPC covers.

Section 425 CrPC Under BNSS 465: What Changed

Section 425 CrPC is now covered under Section 465 BNSS.

Section 465 BNSS has the same heading and the same text as Section 425 CrPC. Neither contains a cross-reference to another section.

View detailed comparison (CrPC 425 vs BNSS 465) โ†’

FAQs on Section 425 CrPC

Who may issue a warrant for the execution of a sentence under Section 425 CrPC?โ–ผ

Every such warrant may be issued either by the Judge or Magistrate who passed the sentence, or by his successor-in-office.

Does Section 425 CrPC speak of the successor of the Judge or Magistrate?โ–ผ

Yes. A warrant may be issued by the successor-in-office of the Judge or Magistrate who passed the sentence.

Does Section 425 CrPC speak of a warrant for a sentence of imprisonment only?โ–ผ

No. It speaks of every warrant for the execution of a sentence.

Where is Section 425 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?โ–ผ

Section 425 CrPC has no sub-sections, and maps as a whole to Section 465 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 ยท Last updated: 21 Oct 2026 ยท