BNSS Section 458: Execution of sentence of imprisonment
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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458.
(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.
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
- 455. Postponement of execution of sentence of death in case of appeal to Supreme Court
- 456. Commutation of sentence of death on pregnant woman
- 457. Power to appoint place 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