Section 415 CrPC: Postponement of execution of sentence of death in case of appeal to Supreme Court

Code of Criminal Procedure, 1973

Section 415 CrPC at a Glance

Section 415 CrPC deals with postponement of execution of sentence of death in case of appeal to Supreme Court. From 1 July 2024 it is replaced by Section 455 BNSS.

Now BNSS

Section 455 →

What Section 415 CrPC Says

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.

Source: Section 415, Code of Criminal Procedure, 1973

Section 415 CrPC in Simple Words

Section 415 of the Code of Criminal Procedure, 1973 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 415 CrPC Applies

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.

Time Limits Under Section 415 CrPC

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”

Example of Section 415 CrPC

The High Court sentences Prakash to death, and an appeal from its judgment lies to the Supreme Court under sub-clause a of clause 1 of article 134 of the Constitution. Under Section 415(1) of the Code of Criminal Procedure, 1973, 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.

When Section 415 CrPC Does Not Apply

Section 415 CrPC 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 416 CrPC.
Section 415 CrPC 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 414 CrPC.

Section 415 CrPC Under BNSS 455: What Changed

Section 415 CrPC is now covered under Section 455 BNSS.

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.

View detailed comparison (CrPC 415 vs BNSS 455) →

FAQs on Section 415 CrPC

What does Section 415(1) CrPC 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 415(2) CrPC 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 415(3) CrPC 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.

Where is Section 415 CrPC found from 1 July 2024?▼

From 1 July 2024 the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973. Section 415(1) CrPC is found in Section 455(1) BNSS, Section 415(2) CrPC is found in Section 455(2) BNSS and Section 415(3) CrPC is found in Section 455(3) BNSS.

Have questions about Section 415 CrPC?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·