Section 458 BNSS: Execution of sentence of imprisonment

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 458 BNSS at a Glance

Section 458 BNSS deals with execution of sentence of imprisonment. It replaced Section 418 CrPC on 1 July 2024.

Was CrPC

Section 418 →

Section 458 BNSS Bare Act Text

(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.

Source: Section 458, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 458 BNSS in Simple Words

Section 458 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the execution of a sentence of imprisonment.

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 BNSS, 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.

Where the accused is not present in Court when sentenced, the Court shall issue a warrant for the arrest of the accused, and the sentence shall commence on the date of the arrest.

When Section 458 BNSS Applies

  • 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 Under Section 458 BNSS

  • 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”

Example of Section 458 BNSS

A Court sentences Ramesh to imprisonment for a term in a case other than one provided for by Section 453 BNSS. Ramesh is not already confined in a jail. Under Section 458(1) BNSS the Court passing the sentence shall forthwith forward a warrant to the jail where Ramesh is to be confined, and shall forward Ramesh to that jail with the warrant. Suresh is sentenced in the same way but is not present in Court when sentenced. Under Section 458(2) BNSS the Court shall issue a warrant for the arrest of Suresh, and the sentence shall commence on the date Suresh is arrested.

When Section 458 BNSS Does Not Apply

  • Section 458(1) BNSS speaks of imprisonment for life or for a term in cases other than those provided for by Section 453 BNSS. It does not deal with the execution of an order passed under Section 409 BNSS, which Section 453 BNSS provides for.
  • Section 458 BNSS speaks of a sentence of imprisonment. It does not deal with a warrant for levy of fine, which Section 461 BNSS covers.

Section 458 BNSS in the CrPC (Previous Law)

Section 458 BNSS replaced Section 418 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 458 BNSS

What must the Court do under Section 458 BNSS when it sentences an accused to imprisonment?▼

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 BNSS, 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. Unless the accused is already confined in such jail or other place, the Court shall forward the accused there with the warrant.

Is a warrant needed under Section 458 BNSS when the sentence is imprisonment till the rising of the Court?▼

Under the proviso to Section 458(1) BNSS, 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.

What happens under Section 458(2) BNSS if 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, and the sentence shall commence on the date of the arrest.

What changed from Section 418 CrPC to Section 458 BNSS from 1 July 2024?▼

Section 458 BNSS has the same heading and the same text as Section 418 CrPC, except that Section 458(1) BNSS refers to Section 453 BNSS where Section 418(1) CrPC referred to Section 413 CrPC.

Section 458 BNSS: Sub-sections Explained

Section 458(1) BNSS: Execution of sentence of imprisonment

▶

Bare Act Text

(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.

Previous Law

CrPC 418 → Section 458(1) BNSS

Section 458(2) BNSS: Execution of sentence of imprisonment

▶

Bare Act Text

(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.

Previous Law

CrPC 418(2) → Section 458(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·