Who may issue warrant
Section 425 of the Code of Criminal Procedure, 1973 deals with 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. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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 may be issued either by the Judge or Magistrate who passed the sentence, or by his successor-in-office.
Section 425, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 465 Who may issue warrant 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 The repealed enactment still governs what happened while it was in force.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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Shajeer vs Saima
Court's Decision & Legal Precedent
When multiple related proceedings involving the same parties are pending before different Family Courts, and one party seeks consolidation before a single court for judicial efficiency, the court may transfer the case to the court where the related proceeding is pending, particularly when the transfer does not cause inconvenience to the parties and serves the interests of justice.
On this section: Section 425 Cr.P.C. provides for maintenance claims, which is the basis of the original maintenance case filed by Saima against Shajeer
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Raveendran vs State of Kerala
Court's Decision & Legal Precedent
The warrant of commitment issued by a Judicial Magistrate must specify the period of remand for which a convicted person is entitled to set off under Section 428 Cr.P.C. If the warrant fails to specify this period, the High Court has the jurisdiction to intervene and direct the lower court to rectify the warrant by calculating and specifying the set off period. The High Court's intervention ensures that the prisoner receives the benefit of the set off to which he is legally entitled, thereby protecting the prisoner's rights in sentence computation.
On this section: Cited in the context of set off for remand period; the petitioner was entitled to only 5 days' set off under this section according to the learned counsel
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 425
What have the courts held on Section 425 of the Code of Criminal Procedure?
Shajeer vs Saima (21 Jan 2015) is the leading judgment on this section among those set out below: Section 425 Cr.P.C. provides for maintenance claims, which is the basis of the original maintenance case filed by Saima against Shajeer. Another 1 judgment on this section is set out below. They run from 2007 to 2015.
How do I find court cases under Section 425 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 425, section 425 CRPC, section 425 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. 2 reported judgments on this section are set out on this page, beginning with Shajeer vs Saima (21 Jan 2015).
What should I read with Section 425 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 465 (Who may issue warrant), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 425 of the Code of Criminal Procedure come into force?
Section 425 of the Code of Criminal Procedure, cited as CRPC 425, 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.