Section 454 BNSS: Execution of sentence of death passed by High Court (Formerly Section 414 CrPC)

Section 454 of Bharatiya Nagarik Suraksha Sanhita, 2023: Execution of sentence of death passed by High Court

Official Bare Act Text

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

When a sentence of death is passed by the High Court in appeal or in revision, the Court of Session shall, on receiving the order of the High Court, cause the sentence to be carried into effect by issuing a warrant.

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 454

Section 454 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 414 of the CrPC, 1973) regulates the execution of a sentence of death passed by the High Court in appeal or in original jurisdiction.

Death Sentence Passed by High Court: When a sentence of death is passed by the High Court in appeal or in revision, the Court of Session shall, on receiving the order of the High Court, cause the sentence to be carried into effect by issuing a warrant.
Ministerial Role of Sessions Court: The Sessions Court acts as the executing court for death sentences originating from or enhanced by the High Court.
Mandatory Due Process: Execution is subject to the identical procedural and constitutional safeguards applicable to confirmation references.

Key Landmark Precedents:

Shabnam v. State of U.P., (2015) 6 SCC 702: Held that whether the death penalty is confirmed under Section 368 CrPC or passed directly by the High Court under Section 414 CrPC, the condemned prisoner is entitled to reasonable notice before the execution warrant is issued.
Shatrughan Chauhan v. Union of India, (2014) 3 SCC 1: The Constitution Bench laid down mandatory execution guidelines: minimum 14 days between rejection of mercy petition and execution date to allow final family meetings and spiritual preparation.

Courtroom Practice & Strategic Litigation Guidance:

Ensure that the condemned convict is provided copy of all rejections and given the mandatory minimum 14-day gap under Shatrughan Chauhan before any death warrant can be carried out.