Direction of warrant for execution
Section 419 of the Code of Criminal Procedure, 1973 deals with direction of warrant for execution. Every warrant for the execution of a sentence of imprisonment shall be directed to the officer in charge of the jail or other place in which the prisoner is, or is to be, confined. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Every warrant for the execution of a sentence of imprisonment shall be directed to the officer in charge of the jail or other place in which the prisoner is, or is to be, confined.
Section 419, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 459 Direction of warrant for execution Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Birju Kumar vs State of Bihar& ANR.
Court's Decision & Legal Precedent
When a lower court takes cognizance of a criminal case as a whole, the High Court should not interfere merely because cognizance was taken under one specific section of the IPC instead of multiple sections. The determination of specific offences applicable to the facts is best made at the charge stage, not at the cognizance stage. Therefore, a petition seeking quashing of cognizance on the ground that additional sections should have been included in the cognizance is not maintainable.
On this section: Procedure for taking cognizance by Magistrate - referenced in the order regarding the cognizance process
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 419
What have the courts held on Section 419 of the Code of Criminal Procedure?
Birju Kumar vs State of Bihar& ANR. (02 Mar 2015) is the leading judgment on this section among those set out below: Procedure for taking cognizance by Magistrate - referenced in the order regarding the cognizance process.
How do I find court cases under Section 419 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 419, section 419 CRPC, section 419 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Birju Kumar vs State of Bihar& ANR. (02 Mar 2015).
What should I read with Section 419 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 459 (Direction of warrant for execution), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 419 of the Code of Criminal Procedure come into force?
Section 419 of the Code of Criminal Procedure, cited as CRPC 419, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.