Section 455 BNSS: Postponement of execution of sentence of death in case of appeal to Supreme Court
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 455 BNSS at a Glance
Section 455 BNSS deals with postponement of execution of sentence of death in case of appeal to Supreme Court. It replaced Section 415 CrPC on 1 July 2024.
Section 455 BNSS Bare Act Text
(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.
Source: Section 455, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 455 BNSS in Simple Words
Section 455 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the postponement of the execution of a sentence of death where an appeal, a certificate or special leave to appeal to the Supreme Court is in question. In each of its sub-sections, the High Court shall order the execution of the sentence to be postponed.
When Section 455 BNSS Applies
- 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 Under Section 455 BNSS
- 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”
Example of Section 455 BNSS
When Section 455 BNSS Does Not Apply
- Section 455 BNSS speaks of a sentence of death passed or confirmed by the High Court and postponement of its execution. It does not deal with a woman sentenced to death who is found to be pregnant, which is dealt with in Section 456 BNSS.
- Section 455 BNSS speaks of the High Court ordering the execution of the sentence to be postponed. It does not deal with the Court of Session issuing a warrant to carry a sentence of death into effect, which is dealt with in Section 454 BNSS.
Section 455 BNSS in the CrPC (Previous Law)
Section 455 BNSS replaced Section 415 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 455 BNSS
What does Section 455(1) BNSS say the High Court shall do?▼
Where a person is sentenced to death by the High Court and an appeal from its judgment lies to the Supreme Court, 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.
What happens under Section 455(2) BNSS when the person sentenced applies for a certificate?▼
The High Court shall order the execution of the sentence to be 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.
What does Section 455(3) BNSS say about special leave to appeal?▼
Where 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 the person sentenced to present the petition.
What changed from Section 415 CrPC to Section 455 BNSS from 1 July 2024?▼
Section 455 BNSS has the same heading and the same text as Section 415 CrPC, in each of its sub-sections.
Section 455 BNSS: Sub-sections Explained
Section 455(1) BNSS: Postponement of execution of sentence of death in case of appeal to Supreme Court
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Bare Act Text
(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.
Section 455(2) BNSS: Postponement of execution of sentence of death in case of appeal to Supreme Court
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Bare Act Text
(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.
Section 455(3) BNSS: Postponement of execution of sentence of death in case of appeal to Supreme Court
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·