Section 455 BNSS: Postponement of execution of sentence of death in case of appeal to Supreme Court (Formerly Section 415 CrPC)

Section 455 of Bharatiya Nagarik Suraksha Sanhita, 2023: Postponement of execution of sentence of death in case of appeal to Supreme Court

Official Bare Act Text

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

(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.

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 455

Section 455 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 415 of the CrPC, 1973) mandates the postponement of the execution of a death sentence when the condemned prisoner prefers an appeal or intends to apply for Special Leave to Appeal to the Supreme Court.

Postponement on SLP Intention: Where a person is sentenced to death, and an appeal lies to the Supreme Court as of right under Section 420 or Article 134, the High Court shall order execution to be postponed until the appeal period expires or appeal is disposed of.
Postponement for Filing SLP: Where the High Court passes a death sentence and the convict intends to apply to the Supreme Court for Special Leave under Article 136, the High Court shall postpone execution for such period as is sufficient for filing.
Constitutional Inviolability: Guarantees that a human life is not extinguished while the ultimate constitutional court of the nation has not had opportunity to review the sentence.

Key Landmark Precedents:

Shabnam v. State of U.P., (2015) 6 SCC 702: The Supreme Court reaffirmed that Section 415 CrPC (Section 455 BNSS) embodies the constitutional rule that execution must be stayed until all avenues of judicial appeal up to the Supreme Court are exhausted.
Bachan Singh v. State of Punjab, (1980) 2 SCC 684: Emphasized that irrevocable capital execution cannot be hurried through administrative dispatch.

Courtroom Practice & Strategic Litigation Guidance:

File an application under Section 455 before the High Court simultaneously with the pronouncement of the death sentence, seeking a formal judicial stay on execution for at least 60 days to prepare the Supreme Court SLP.