BNSS Section 455: Postponement of execution of sentence of death in case of appeal to Supreme Court
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 34: EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES (A.—Death sentences, B.—Imprisonment, C.—Levy of fine, D.—General provisions regarding execution)
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455.
(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.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 453. Execution of order passed under section 409
- 454. Execution of sentence of death passed by High Court
- 456. Commutation of sentence of death on pregnant woman
- 457. Power to appoint place of imprisonment
- 458. Execution of sentence of imprisonment
- 459. Direction of warrant for execution
- 460. Warrant with whom to be lodged
- 461. Warrant for levy of fine
- 462. Effect of such warrant
- 463. Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend
- 464. Suspension of execution of sentence of imprisonment
- 465. Who may issue warrant
- 466. Sentence on escaped convict when to take effect
- 467. Sentence on offender already sentenced for another offence
- 468. Period of detention undergone by accused to be set off against sentence of imprisonment
- 469. Saving
- 470. Return of warrant on execution of sentence
- 471. Money ordered to be paid recoverable as a fine
- 472. Mercy petition in death sentence cases
- 473. Power to suspend or remit sentences
- 474. Power to commute sentence
- 475. Restriction on powers of remission or commutation in certain cases
- 476. Concurrent power of Central Government in case of death sentences
- 477. State Government to act after concurrence with Central Government in certain cases