CrPC 418 to BNSS 458: Execution of sentence of imprisonment
Section 418 CrPC (1973) replaced by Section 458 BNSS (2023)
CrPC 418 to BNSS 458 at a Glance
Section 418 CrPC (Execution of sentence of imprisonment) is now Section 458 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 418 to BNSS 458?
Section 458 BNSS has the same heading and the same text as Section 418 CrPC. The one difference is the cross-reference in Section 458(1) BNSS, which reads Section 453 BNSS where Section 418(1) CrPC read Section 413 CrPC.
CrPC 418 vs BNSS 458: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 418 | 458 |
| Heading | Execution of sentence of imprisonment | Same |
| Sub-sections | 2 sub-sections | Same |
| Cross-references | s.413 | s.453 |
CrPC 418 and BNSS 458: Bare Act Text Side by Side
CrPC 1973 (repealed)
Section 418, CrPC 1973
418. Execution of sentence of imprisonment.—(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 413, 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.
BNSS 2023 (in force)
Section 458, BNSS 2023
458. Execution of sentence of imprisonment.—(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.
When It Applies: CrPC 418 vs BNSS 458
Under CrPC 418
- The Court passing the sentence shall forward a warrant to the jail or other place in which the accused is, or is to be, confined.
- Unless the accused is already confined in such jail or other place, the Court shall forward the accused to such jail or other place, with the warrant.
- 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.
- Where the accused is not present in Court when sentenced, the Court shall issue a warrant for the arrest of the accused for the purpose of forwarding the accused to the jail or other place in which the accused is to be confined.
Under BNSS 458
- The Court passing the sentence shall forward a warrant to the jail or other place in which the accused is, or is to be, confined.
- Unless the accused is already confined in such jail or other place, the Court shall forward the accused to such jail or other place, with the warrant.
- 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.
- Where the accused is not present in Court when sentenced, the Court shall issue a warrant for the arrest of the accused for the purpose of forwarding the accused to the jail or other place in which the accused is to be confined.
Time Limits: CrPC 418 to BNSS 458
Under CrPC 418
- The Court passing the sentence shall forthwith forward a warrant to the jail or other place in which the accused is, or is to be, confined.Act text: “shall forthwith forward a warrant to the jail or other place”
- Where the accused was not present in Court when sentenced, the sentence shall commence on the date of the arrest of the accused.Act text: “the sentence shall commence on the date of his arrest”
Under BNSS 458
- The Court passing the sentence shall forthwith forward a warrant to the jail or other place in which the accused is, or is to be, confined.Act text: “shall forthwith forward a warrant to the jail or other place”
- Where the accused was not present in Court when sentenced, the sentence shall commence on the date of the arrest of the accused.Act text: “the sentence shall commence on the date of his arrest”
What CrPC 418 to BNSS 458 Means in Practice
Section 458 BNSS and Section 418 CrPC use the same words on the warrant, on the proviso for imprisonment till the rising of the Court and on the arrest of an accused who is not present in Court when sentenced. The section named in Section 458(1) BNSS is Section 453 BNSS, where the section named in Section 418(1) CrPC was Section 413 CrPC.
FAQs: CrPC 418 to BNSS 458
Where is Section 418 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
Section 418(1) CrPC is found in Section 458(1) BNSS and Section 418(2) CrPC in Section 458(2) BNSS.
What does Section 458(1) BNSS refer to where Section 418(1) CrPC referred to Section 413 CrPC?▼
Section 458(1) BNSS refers to Section 453 BNSS. The heading, the proviso and Section 458(2) BNSS have the same text as the heading, the proviso and Section 418(2) CrPC.
Do Section 418 CrPC and Section 458 BNSS name a time for forwarding the warrant?▼
Both use the word forthwith. The Court passing the sentence shall forthwith forward a warrant to the jail or other place in which the accused is, or is to be, confined. Neither names a number of hours or days.
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 ·