Section 458 BNSS: Execution of sentence of imprisonment (Formerly Section 418 CrPC)

Section 458 of Bharatiya Nagarik Suraksha Sanhita, 2023: Execution of sentence of imprisonment

Official Bare Act Text

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

(1) Where the accused is sentenced to imprisonment for life or to imprisonment for a term in cases other than those provided for by section 453, the Court passing the sentence shall forthwith forward a warrant to the jail or other place in which he is, or is to be, confined, and, unless the accused is already confined in such jail or other place, shall forward him to such jail or other place, with the warrant:

Provided that where the accused is sentenced to imprisonment till the rising of the Court, it shall not be necessary to prepare or forward a warrant to a jail, and the accused may be confined in such place as the Court may direct.

(2) Where the accused is not present in Court when he is sentenced to such imprisonment as is mentioned in sub-section (1), the Court shall issue a warrant for his arrest for the purpose of forwarding him to the jail or other place in which he is to be confined; and in such case, the sentence shall commence on the date of his arrest.

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 458

Section 458 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 418 of the CrPC, 1973) governs the execution of sentences of imprisonment, mandating the court to issue a warrant to the jail officer and take the convict into custody immediately upon sentence.

Committal to Prison: Where the accused is sentenced to imprisonment for life or to imprisonment in cases other than those provided for by Section 453, the Court shall forthwith forward a warrant to the jail in which they are to be confined.
Accused Present in Court: If the accused is not confined in prison, the Court shall commit them to prison for the execution of the sentence.
Proviso for Suspension: Does not apply where the execution of sentence is suspended under Section 430 BNSS pending appeal.

Key Landmark Precedents:

State of Maharashtra v. Kalu Shivram Kawale, (2000) 8 SCC 399: The Supreme Court noted that upon pronouncement of a sentence of imprisonment, the court must either take the convict into custody under Section 418 CrPC or pass a formal order of suspension under Section 389(3) CrPC.
Kavita v. State (NCT of Delhi), (2000) 6 SCC 289: Affirmed that the custody warrant issued under this section constitutes lawful legal authority for imprisonment.

Courtroom Practice & Strategic Litigation Guidance:

Upon conviction in bailable matters carrying up to 3 years, immediately move an application for suspension of sentence and bail under Section 430(3) BNSS before the Magistrate signs the committal warrant under Section 458.