Section 453 BNSS: Execution of order passed under section 409 (Formerly Section 413 CrPC)

Section 453 of Bharatiya Nagarik Suraksha Sanhita, 2023: Execution of order passed under section 409

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

When in a case submitted to the High Court for the confirmation of a sentence of death, the Court of Session receives the order of confirmation or other order of the High Court thereon, it shall cause such order to be carried into effect by issuing a warrant or taking such other steps as may be necessary.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 453

Section 453 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 413 of the CrPC, 1973) governs the execution of orders passed by the High Court in death sentence confirmation references under Section 409.

Execution of High Court Order: When in a case submitted to the High Court for the confirmation of a sentence of death, the Court of Session receives the order of confirmation or other order of the High Court thereon.
Issuance of Execution Warrant: The Court of Session shall cause such order to be carried into effect by issuing a warrant or taking such other steps as may be necessary.
Strict Subordination to Constitutional Remedies: Execution can only proceed after all statutory appeals and mercy petitions have been finally decided.

Key Landmark Precedents:

Shabnam v. State of U.P., (2015) 6 SCC 702: The Supreme Court authoritatively held that the Sessions Judge cannot issue an execution warrant under Section 413 CrPC (Section 453 BNSS) until all legal remedies, including review and mercy petitions, are completely exhausted.
Triveniben v. State of Gujarat, (1989) 1 SCC 678: Settled that inordinate and unexplained executive delay in executing a death sentence constitutes a ground for commutation to life imprisonment under Article 21.

Courtroom Practice & Strategic Litigation Guidance:

In capital cases, immediately upon receipt of High Court confirmation orders, file an undertaking before the Sessions Court detailing the timeline for approaching the Supreme Court to prevent issuance of execution warrants.