CrPC Section 418 — Execution of sentence of imprisonment

Summary

Sub-section (1) applies when a person is sentenced to life imprisonment or to a term of imprisonment in a case not covered by section 413. The court must promptly send a warrant to the jail or other place where the person is, or will be, confined. If the person is not already there, the court must send them there with the warrant. If the sentence is imprisonment only until the court rises, no warrant to a jail needs to be prepared or sent, and the court may direct that the person be confined elsewhere.

Sub-section (2) applies when the person is not in court when sentenced to the imprisonment described in sub-section (1). The court must issue a warrant to arrest the person so they can be taken to the jail or other place where they are to be confined. In that case, the sentence begins on the date of arrest.

Official Text

(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.

Sections referred to

• CrPC §413 — Execution of order passed under section 368

Old <-> New Code Mapping

• BNSS §458 — Execution of sentence of imprisonment