CrPC 415 to BNSS 455: Postponement of execution of sentence of death in case of appeal to Supreme Court
Section 415 CrPC (1973) replaced by Section 455 BNSS (2023)
CrPC 415 to BNSS 455 at a Glance
Section 415 CrPC (Postponement of execution of sentence of death in case of appeal to Supreme Court) is now Section 455 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 415 to BNSS 455?
Section 415 CrPC became Section 455 BNSS from 1 July 2024. The heading is the same. Section 415(1) CrPC is found in Section 455(1) BNSS, Section 415(2) CrPC in Section 455(2) BNSS and Section 415(3) CrPC in Section 455(3) BNSS. The text of each is the same.
CrPC 415 vs BNSS 455: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 415 | 455 |
| Heading | Postponement of execution of sentence of death in case of appeal to Supreme Court | Same |
| Sub-sections | 3 sub-sections | Same |
CrPC 415 and BNSS 455: Bare Act Text Side by Side
CrPC 1973 (repealed)
Section 415, CrPC 1973
415. Postponement of execution of sentence of death in case of appeal to Supreme Court.—(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.
BNSS 2023 (in force)
Section 455, BNSS 2023
455. Postponement of execution of sentence of death in case of appeal to Supreme Court.—(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.
When It Applies: CrPC 415 vs BNSS 455
Under CrPC 415
- Section 415(1) CrPC applies 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.
- Section 415(2) CrPC applies 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.
- Section 415(3) CrPC applies 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.
Under BNSS 455
- Section 455(1) BNSS applies 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.
- Section 455(2) BNSS applies 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.
- Section 455(3) BNSS applies 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.
Time Limits: CrPC 415 to BNSS 455
Under CrPC 415
- Under Section 415(1) CrPC, the execution is 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.Act text: “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”
- Under Section 415(2) CrPC, the execution is postponed until the application is disposed of by the High Court, or if a certificate is granted on the application, until the period allowed for preferring an appeal to the Supreme Court on the certificate has expired.Act text: “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”
- Under Section 415(3) CrPC, the execution is postponed for such period as the High Court considers sufficient to enable the person sentenced to present the petition.Act text: “for such period as it considers sufficient to enable him to present such petition”
Under BNSS 455
- Under Section 455(1) BNSS, the execution is 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.Act text: “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”
- Under Section 455(2) BNSS, the execution is postponed until the application is disposed of by the High Court, or if a certificate is granted on the application, until the period allowed for preferring an appeal to the Supreme Court on the certificate has expired.Act text: “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”
- Under Section 455(3) BNSS, the execution is postponed for such period as the High Court considers sufficient to enable the person sentenced to present the petition.Act text: “for such period as it considers sufficient to enable him to present such petition”
What CrPC 415 to BNSS 455 Means in Practice
From 1 July 2024, the postponement of the execution of a sentence of death in case of appeal to the Supreme Court is found in Section 455 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The words to read are the same as in Section 415 of the Code of Criminal Procedure, 1973.
FAQs: CrPC 415 to BNSS 455
What changed when Section 415 CrPC became Section 455 BNSS?▼
The section number. Section 455 BNSS has the same heading and the same text as Section 415 CrPC, in each of its sub-sections.
Is the period of postponement different in Section 455(1) BNSS?▼
Section 455(1) BNSS reads the same as Section 415(1) CrPC. In both, the execution is 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.
Are the articles of the Constitution named in Section 455 BNSS different?▼
No. Section 455 BNSS names article 132, article 134 and article 136 of the Constitution, as Section 415 CrPC does.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·