Section 416 CrPC: Postponement of capital sentence on pregnant woman

Code of Criminal Procedure, 1973

Section 416 CrPC at a Glance

Section 416 CrPC deals with postponement of capital sentence on pregnant woman. From 1 July 2024 it is replaced by Section 456 BNSS.

Now BNSS

Section 456 →

What Section 416 CrPC Says

416. Postponement of capital sentence on pregnant woman

If a woman sentenced to death is found to be pregnant, the High Court shall commute the sentence to imprisonment for life.

Source: Section 416, Code of Criminal Procedure, 1973

Section 416 CrPC in Simple Words

Section 416 of the Code of Criminal Procedure, 1973 deals with a woman sentenced to death who is found to be pregnant. The High Court shall commute the sentence to imprisonment for life.

When Section 416 CrPC Applies

  • Section 416 CrPC applies when a woman sentenced to death is found to be pregnant.
  • The High Court shall commute the sentence to imprisonment for life.

Example of Section 416 CrPC

Savita is sentenced to death and is found to be pregnant. Under Section 416 of the Code of Criminal Procedure, 1973, the High Court shall commute the sentence of Savita to imprisonment for life.

When Section 416 CrPC Does Not Apply

  • Section 416 CrPC speaks of a woman sentenced to death who is found to be pregnant. It does not deal with the postponement of the execution of a sentence of death for an appeal to the Supreme Court, which is dealt with in Section 415 CrPC.
  • Section 416 CrPC speaks of the High Court commuting the sentence. It does not deal with the Court of Session carrying a sentence of death into effect by issuing a warrant, which is dealt with in Section 414 CrPC.

Section 416 CrPC Under BNSS 456: What Changed

Section 416 CrPC is now covered under Section 456 BNSS.

Section 416 CrPC became Section 456 BNSS from 1 July 2024. The text is the same. The heading reads Commutation of sentence of death on pregnant woman in Section 456 BNSS where it read Postponement of capital sentence on pregnant woman in Section 416 CrPC.

View detailed comparison (CrPC 416 vs BNSS 456) →

FAQs on Section 416 CrPC

What does the High Court do under Section 416 CrPC if a woman sentenced to death is found to be pregnant?▼

The High Court shall commute the sentence to imprisonment for life.

To what sentence does the High Court commute under Section 416 CrPC?▼

Imprisonment for life.

What does the heading of Section 416 CrPC say?▼

The heading reads Postponement of capital sentence on pregnant woman. The text says that the High Court shall commute the sentence to imprisonment for life.

Where is Section 416 CrPC found from 1 July 2024?▼

From 1 July 2024 the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973. Section 416 CrPC has no sub-sections, and maps as a whole to Section 456 BNSS.

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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: 20 Oct 2026 ·