CrPC Section 423
CrPC Section 423 – Procedure where Magistrate Sentences to Imprisonment without Sentence of Fine
🔹 What does Section 423 say?
Section 423 deals with the procedure that a magistrate must follow when sentencing a convicted person to imprisonment without imposing any fine.
🔹 Key Points of Section 423
When a magistrate convicts a person and sentences them to imprisonment without imposing a fine, the magistrate must direct the person to be kept in custody or commit them to jail as per the sentence.
The magistrate must immediately forward the convict to the jail or place of detention.
The magistrate must also send the warrant or commitment order along with the convict to the jail authorities.
🔹 Purpose of Section 423
To ensure that a person sentenced to imprisonment is immediately taken into custody and sent to serve their sentence.
To provide a clear procedure for executing the imprisonment sentence.
To prevent unlawful delay or escape after conviction.
🔹 Context
Section 423 applies only when a magistrate sentences imprisonment without any fine.
If a fine is imposed, different procedures (like collection of fine, default imprisonment, etc.) apply under other sections.
The section focuses on enforcement of imprisonment sentences.
🔹 Illustration
If a magistrate convicts a person of a crime punishable by imprisonment and does not impose any fine, then the magistrate must order the immediate custody and send the person to jail to serve the sentence. The magistrate must also send the official order (warrant) to the jail authorities.
🔹 Relation to Other Sections
Section 428 CrPC: Deals with commitment of persons sentenced to imprisonment.
Section 429 CrPC: Procedure when the sentence is passed by a court other than a magistrate.
Section 436 CrPC: Deals with bail after conviction.
🔹 Summary
| Aspect | Description |
|---|---|
| Applicability | Sentencing by magistrate to imprisonment without fine |
| Requirement | Immediate custody and commitment to jail |
| Documents | Warrant or commitment order sent to jail |
| Purpose | To execute imprisonment sentence effectively |
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