Amendment status not verified — confirm the current text below against the official source.
............ at the said Session, was duly convicted of the offence of culpable homicide amounting to murder under section ............................................ of the Bharatiya Nyaya Sanhita, 2023, and sentenced to death, subject to the confirmation of the said sentence by the. .......................................... Court of........................................................................ This is to authorise and require you to receive the said ............................................. (prisoner's name) into your custody in the said Jail, together with this warrant, and him there safely to keep until you shall receive the further warrant or order of this Court, carrying into effect the order of the said . .................................................................. Court. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court) (Signature) ———— -262- FORM No. 42 WARRANT AFTER A COMMUTATION OF A SENTENCE (See sections 427, 453 and 456) To the Officer in charge of the Jail at.............................................. WHEREAS at a Session held on the. ..........................................................................................day of.............................................., 20.......... , ..............................................(name of the prisoner), the (1st, 2nd, 3rd, as the case may be), prisoner in case No. ............ of the Calendar for 20. ......... at the said Session, was convicted of the offence of........................................................................... , punishable under section............................................................of the Bharatiya Nyaya Sanhita, 2023, and was sentenced to..................... and thereupon committed to your custody; and whereas by the order of the ................................................................ Court of ............................................................. order of the . ......................................... (a duplicate of which is hereunto annexed) the punishment adjudged by the said sentence has been commuted to the punishment of imprisonment for life; This is to authorise and require you safely to keep the said. ........................................... (prisoner’s name) in your custody in the said Jail, as by law is required, until he shall be delivered over by you to the proper authority and custody for the purpose of his undergoing the punishment of imprisonment for life under the said order, or if the mitigated sentence is one of imprisonment, say, after the words “custody in the said Jail”, “and there to carry into execution the punishment of imprisonment under the said order according to law”. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court) (Signature) ———— -263- FORM No. 43 WARRANT OF EXECUTION OF A SENTENCE OF DEATH (See sections 453 and 454) To the Officer in charge of the Jail at.............................................. WHEREAS .................................................... (name of the prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. ............ of the Calendar for 20............ at the Session held before me on the..............................................day of .............................................., 20 ............... ,has been by a warrant of the Court, dated the.................... day of............................................... , committed to your custody under sentence of death; .............................................. and whereas the order of the High Court at . .......................................... confirming the said sentence has been received by this Court. This is to authorise and require you to carry the said sentence into execution by causing the said..............................................to be hanged by the neck until he be dead, at ........................................... (time and place of execution), and to return this warrant to the Court with an endorsement certifying that the sentence has been executed. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court) (Signature) ———— -264- FORM No. 44 WARRANT TO LEVY A FINE BY ATTACHMENT AND SALE (See section 461) To.............................................. (name and designation of the police officer or other person or persons who is or are to execute the warrant). WHEREAS..............................................(name and description of the offender) was on the..............................................day of.............................................., 20. ......... , convicted before me of the offence of..............................................(mention the offence concisely), and sentenced to pay a fine of rupees..............................................; and whereas the said..............................................(name), although required to pay the said fine, has not paid the same or any part thereof; This is to authorise and require you to attach any movable property belonging to the said ...................................................................................(name), which may be found within the district of..............................................; and, if within..............................................(state the number of days or hours allowed) next after such attachment the said sum shall not be paid (or forthwith), to sell the movable property attached, or so much thereof as shall be sufficient to satisfy the said fine, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution. Dated, this.............................................. day of.............................................. , 20 ............. . (Seal of the Court) (Signature) ———— -265- FORM No. 45 WARRANT FOR RECOVERY OF FINE (See section 461) To the Collector of the district of.............................................. WHEREAS.............................................. (name, address and description of the offender) was on the..............................................day of.............................................., 20. ......... , convicted before me of the offence of..............................................(mention the offence concisely), and sentenced to pay a fine of rupees. .......................................... ; and WHEREAS the said............................................ (name), although require to pay the said fine, has not paid the same or any part of thereof; You are hereby authorised and requested to realise the amount of the said fine as arrears of land revenue from the movable or immovable property, or both, of the said. .......................................... (name) and to certify without delay what you have done in pursuance of this order. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court) (Signature) ———— -266- FORM No. 46 BOND FOR APPEARANCE OF OFFENDER RELEASED PENDING REALISATION OF FINE [See section 464 (1) (b)] WHEREAS I,..............................................(name) inhabitant of ........................................... (place), have been sentenced to pay a fine of rupees. ...........................................and in default of payment thereof to undergo imprisonment for ........................................... ; and whereas the Court has been pleased to order my release on condition of my executing a bond for my appearance on the following date (or dates), namely:— I hereby bind myself to appear before the Court of......................................................................... at ............................................ o'clock on the following date (or dates), namely:— and, in case of making default herein, I bind myself to forfeit to Government the sum of rupees.............................................. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court) (Signature) WHERE A BOND WITH SURETIES IS TO BE EXECUTED, ADD— We do hereby declare ourselves sureties for the above-named that he will appear before the Court of . .......................................... on the following date (or dates), namely:— And, in case of his making default therein, we bind ourselves jointly and severally to forfeit to Government the sum of rupees............................................... (Signature) ———— -267- FORM No. 47 BOND AND BAIL-BOND FOR ATTENDANCE BEFORE OFFICER IN CHARGE OF POLICE STATION OR COURT [See sections 478, 479, 480, 481, 482(3) and 485] I,..............................................(name), of ........................................... (place), having been arrested or detained without warrant by the Officer in charge of............................................ police station (or having been brought before the Court of..............................................), charged with the offence of.............................................., and required to give security for my attendance before such Officer of Court on condition that I shall attend such Officer or Court on every day on which any investigation or trial is held with regard to such charge, and in case of my making default herein, I bind myself to forfeit to Government the sum of rupees............................. Dated, this.............................................. day of.............................................. , 20 ............ . (Signature) I hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or sureties) for the above said ........................................... (name) that he shall attend the Officer in charge of..............................................police station or the Court of ........................................... on every day on which any investigation into the charge is made or any trial on such charge is held, that he shall be, and appear, before such Officer or Court for the purpose of such investigation or to answer the charge against him (as the case may be), and, in case of his making default herein, I hereby bind myself (or we, hereby bind ourselves) to forfeit to Government the sum of rupees............................... Dated, this.............................................. day of.............................................. , 20 ............ . (Signature) ———— -268- FORM No. 48 WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY (See section 487) To the Officer in charge of the Jail at.............................................. (or other officer in whose custody the person is) WHEREAS..............................................(name and description of prisoner) was committed to your custody under warrant of this Court, dated the...............................................................................day of............................................. , and has since with his surety (or sureties) duly executed a bond under section 485 of the Bharatiya Nagarik Suraksha Sanhita, 2023; This is to authorise and require you forthwith to discharge the said. ..................................... (name) from your custody, unless he is liable to be detained for some other matter. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court) (Signature) ———— -269- FORM No. 49 WARRANT OF ATTACHMENT TO ENFORCE A BOND (See section 491) To the Police Officer in charge of the police station at.............................................. WHEREAS .................................................... (name, description and address of person) has failed to appear on..............................................(mention the occasion) pursuant to his recognizance, and has by default forfeited to Government the sum of rupees..............................................(the penalty in the bond); and whereas the said. .......................................... (name of person) has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be enforced against him; This is to authorise and require you to attach any movable property of the said ..............................................(name) that you may find within the district of................................ , by seizure and detention, and, if the said amount be not paid within........................................ , days to sell the property so attached or so much of it as may be sufficient to realise the amount aforesaid, and to make return of what you have done under this warrant immediately upon its execution. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court) (Signature) ———— -270- FORM No. 50 NOTICE TO SURETY ON BREACH OF A BOND (See section 491) To .............................................. of .............................................. WHEREAS on the..............................................day of.............................................. , 20 ......................... , you became surety for..............................................(name) of............................................ (place) that he should appear before this Court on the..............................................day of ..............................................and bound yourself in default thereof to forfeit the sum of rupees. ................ to Government; and whereas the said..............................................(name) has failed to appear before this Court and by reason of such default you have forfeited the aforesaid sum of rupees. You are hereby required to pay the said penalty or show cause, within. ........................................... days from this date, why payment of the said sum should not be enforced against you. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court) (Signature) ———— -271- FORM No. 51 NOTICE TO SURETY OF FORFEITURE OF BOND FOR GOOD BEHAVIOUR (See section 491) To.............................................. of.............................................. WHEREAS on the..............................................day of ............................ , 20. .................. , you became surety by a bond for..............................................(name) of.............................................. (place) that he would be of good behaviour for the period of..............................................and bound yourself in default thereof to forfeit the sum of rupees.................... to Government; and whereas the said..............................................(name) has been convicted of the offence of.............................................. (mention the offence concisely) committed since you became such surety, whereby your security bond has become forfeited; You are hereby required to pay the said penalty of rupees .................... or to show cause within . ........................................... days why it should not be paid. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court) (Signature) ———— -272- FORM No. 52 WARRANT OF ATTACHMENT AGAINST A SURETY (See section 491) To..............................................of.............................................. WHEREAS .................................................... (name, description and address) has bound himself as surety for the appearance of .............................................. (mention the condition of the bond) and the said .............................................. (name) has made default, and thereby forfeited to Government the sum of rupees ........................ (the penalty in the bond); This is to authorise and require you to attach any movable property of the said ................................................................(name) which you may find within .............................................. the district of ............................................. , by seizure and detention; and, if the said amount be not paid within days, to sell the property so attached, or so much of it as may be sufficient to realise the amount aforesaid, and make return of what you have done under this warrant immediately upon its execution. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court) (Signature) ———— -273- FORM No. 53 WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED PERSON ADMITTED TO BAIL (See section 491) To the Superintendent (or Keeper) of the Civil Jail at.............................................. WHEREAS .................................................... (name and description of surety) has bound himself as a surety for the appearance of.............................................. (state the condition of the bond) and the said. ........................................... (name) has therein made default whereby the penalty mentioned in the said bond has been forfeited to Government; and whereas the said. ........................................... (name of surety) has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be enforced against him, and the same cannot be recovered by attachment and sale of his movable property, and an order has been made for his imprisonment in the Civil Jail for..................................(Specify the period); This is to authorise and require you, the said Superintendent (or Keeper) to receive the said. ........................................... (name) into your custody with the warrant and to keep him safely in the said Jail for the said............................................ (term of imprisonment), and to return this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court) (Signature) ———— -274- FORM No. 54 NOTICE TO THE PRINCIPAL OF FORFEITURE OF BOND TO KEEP THE PEACE (See section 491) To............................................ (name, description and address) WHEREAS on the..............................................day of.............................................., 20. .............. ,you entered into a bond not to commit, etc., ..............................................(as in the bond), and proof of the forfeiture of the same has been given before me and duly recorded; You are hereby called upon to pay the said penalty of rupees. ...................or to show cause before me within. .......................................... days why payment of the same should not be enforced against you. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court) (Signature) ———— -275- FORM No. 55 WARRANT TO ATTACH THE PROPERTY OF THE PRINCIPAL ON BREACH OF A BOND TO KEEP THE PEACE (See section 491) To.............................................. (name and designation of police officer), at the police station of.............................................. WHEREAS..............................................(name and description) did, on the..............................................day of.............................................., 20........................ , enter into a bond for the sum of rupees. .......................................... binding himself not to commit a breach of the peace, etc., (as in the bond), and proof of the forfeiture of the said bond has been given before me and duly recorded; and whereas notice has been given to the said ............................................ (name) calling upon him to show cause why the said sum should not be paid, and he has failed to do so or to pay the said sum; This is to authorise and require you to attach by seizure movable property belonging to the said..............................................(name) to the value of rupees. .............. , which you may find within the district of.............................................., and, if the said sum be not paid within. ........................................ , to sell the property so attached, or so much of it as may be sufficient to realise the same; and to make return of what you have done under this warrant immediately upon its execution. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court) (Signature) ———— -276- FORM No. 56 WARRANT OF IMPRISONMENT ON BREACH OF A BOND TO KEEP THE PEACE (See section 491) To the Superintendent (or Keeper) of the Civil Jail at.............................................. WHEREAS proof has been given before me and duly recorded that................................(name and description) has committed a breach of the bond entered into by him to keep the peace, whereby he has forfeited to Government the sum of rupees.................. ; and whereas the said. ........................................... (name) has failed to pay the said sum or to show cause why the said sum should not be paid, although duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property, and an order has been made for the imprisonment of the said..............................................(name) in the Civil Jail of the period of ............................................ (term of imprisonment); This is to authorise and require you, the said Superintendent (or Keeper) of the said Civil Jail to receive the said. .......................................... (name) into your custody, together with this warrant, and to keep his safely in the said Jail for the said period of ............................................. (term of imprisonment), and to return this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court) (Signature) ———— -277- FORM No. 57 WARRANT OF ATTACHMENT AND SALE ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR (See section 491) To the Police Officer in charge of the police station at.............................................. WHEREAS ......................................................................(name, description and address) did, on the..............................................day of.............................................., 20. ................ , give security by bond in the sum of rupees................... for the good behavior of..............................................(name, etc., of the principal), and proof has been given before me and duly recorded of the commission by the said..............................................(name) of the offence of ..............................................whereby the said bond has been forfeited; and whereas notice has been given to the said. ........................................... (name) calling upon him to show cause why the said sum should not be paid, and he has failed to do so to pay the said sum; This is to authorise and require you to attach by seizure movable property belonging to the said..............................................(name) to the value of rupees. .................... which you may find within the district of.............................................. , and, if the said sum be not paid within.............................................. , to sell the property so attached, or so much of it as may be sufficient to realise the same, and to make return of what you have done under this warrant immediately upon its execution. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court) (Signature) ———— -278- FORM No. 58 WARRANT OF IMPRISONMENT ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR (See section 491) To the Superintendent (or Keeper) of the Civil Jail at............................................. WHEREAS..........................................................................(name, description and address) did, on the .............................................. day of.............................................., 20. ................. , give security by bond in the sum of rupees........................for the good behaviour of...................................(name, etc., of the principal), and proof of the breach of the said bond has been given before me and duly recorded, whereby the said..............................................(name) has forfeited to Government the sum of rupees. ................. , and whereas he has failed to pay the said sum or to show cause why the said sum should not be paid although duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property, and an order has been made for the imprisonment of the said. ........................................... (name) in the Civil Jail for the period of ............................................ (term of imprisonment); This is to authorise and require you, the Superintendent (or Keeper), to receive the said..............................................(name) into your custody, together with this warrant, and to keep him safely in the said Jail for the said period of ............................................ (term of imprisonment), returning this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court) (Signature) —————