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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXXIV: Execution, Suspension, Remission And Commutation Of Sentences

Section 455 BNSS: Postponement of execution of sentence of death in case of appeal to Supreme Court

Corresponding CrPC
Section 415 CrPC

Bare Act text

(1) Where a person is sentenced to death by the High Court and an appeal from its judgment lies to the Supreme Court under sub-clause (a) or sub-clause (b) of clause (1) of article 134 of the Constitution, the High Court shall order the execution of the sentence to be postponed until the period allowed for preferring such appeal has expired, or if, an appeal is preferred within that period, until such appeal is disposed of.

(2) Where a sentence of death is passed or confirmed by the High Court, and the person sentenced makes an application to the High Court for the grant of a certificate under article 132 or under sub-clause

(c) of clause (1) of article 134 of the Constitution, the High Court shall order the execution of the sentence to be postponed until such application is disposed of by the High Court, or if a certificate is granted on such application, until the period allowed for preferring an appeal to the Supreme Court on such certificate has expired.

(3) Where a sentence of death is passed or confirmed by the High Court, and the High Court is satisfied that the person sentenced intends to present a petition to the Supreme Court for the grant of special leave to appeal under article 136 of the Constitution, the High Court shall order the execution of the sentence to be postponed for such period as it considers sufficient to enable him to present such petition.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Where a person sentenced to death by the High Court has an appeal to the Supreme Court under article 134(1)(a) or (b) of the Constitution, the High Court orders execution postponed until the period for preferring that appeal has expired, or, if an appeal is preferred, until it is disposed of. The section also covers other appeal cases.

Chapter XXXIV: Execution, Suspension, Remission And Commutation Of Sentences

  1. 453 Execution of order passed under section 409
  2. 454 Execution of sentence of death passed by High Court
  3. 455 Postponement of execution of sentence of death in case of appeal to Supreme Court
  4. 456 Commutation of sentence of death on pregnant woman
  5. 457 Power to appoint place of imprisonment
  6. 458 Execution of sentence of imprisonment
  7. 459 Direction of warrant for execution
  8. 460 Warrant with whom to be lodged
  9. 461 Warrant for levy of fine
  10. 462 Effect of such warrant
  11. 463 Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend
  12. 464 Suspension of execution of sentence of imprisonment
  13. 465 Who may issue warrant
  14. 466 Sentence on escaped convict when to take effect
  15. 467 Sentence on offender already sentenced for another offence
  16. 468 Period of detention undergone by accused to be set off against sentence of imprisonment
  17. 469 Saving
  18. 470 Return of warrant on execution of sentence
  19. 471 Money ordered to be paid recoverable as a fine
  20. 472 Mercy petition in death sentence cases
  21. 473 Power to suspend or remit sentences
  22. 474 Power to commute sentence
  23. 475 Restriction on powers of remission or commutation in certain cases
  24. 476 Concurrent power of Central Government in case of death sentences
  25. 477 State Government to act after concurrence with Central Government in certain cases