Section 454 – Bharatiya Nagarik Suraksha Sanhita (BNSS) – Execution Of Sentence Of Death Passed By High Court.

Code: Section 454 BNSS

Execution of Sentence of Death Passed by High Court
When a sentence of death is passed by the High Court in appeal or in revision, the Court of Session shall, on receiving the order of the High Court, cause the sentence to be carried into effect by issuing a warrant.

Explanation of Section 454 BNSS

Section 454 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, deals with situations where a death sentence is directly passed by the High Court in either an appeal or revision. It assigns the duty of execution to the Court of Session upon receiving the High Court’s order.

Key Provisions of Section 454 BNSS

1. High Court’s Power to Pass a Death Sentence:
   • The High Court may pass a death sentence during an appeal or revision of a case.
   • This can happen if the trial court awarded a lesser sentence, but the High Court finds the crime deserving of capital punishment.
2. Role of the Court of Session:
   • Once the High Court delivers a death sentence, it communicates its order to the Court of Session.
   • The Court of Session is responsible for ensuring immediate compliance by issuing a warrant of execution.
3. Mandatory Execution of the High Court’s Order:
   • The Court of Session cannot alter or delay the sentence—it must execute it as per the High Court’s directive.

Illustration

Example 1: High Court Enhancing Punishment in Appeal

• A Sessions Court convicts a person for murder under Section 103 BNSS and awards life imprisonment.
• The prosecution appeals to the High Court, arguing for the death penalty.
• The High Court, after reviewing evidence, enhances the sentence to capital punishment.
• The High Court directs the Court of Session to execute the death sentence under Section 454 BNSS.
• The Court of Session issues a warrant and ensures execution as per law.

Example 2: Death Sentence in Revision

• A Sessions Court acquits a person of heinous crimes, but the victim’s family files a revision petition in the High Court.
• After reviewing the case, the High Court finds sufficient evidence of guilt and imposes a death sentence.
• The High Court sends an order to the Court of Session, which then issues the warrant for execution.

Common Questions & Answers on Section 454 BNSS

1. How is Section 454 BNSS different from Section 453 BNSS?

• Section 453 BNSS applies when a death sentence is confirmed by the High Court after being awarded by a lower court.
• Section 454 BNSS applies when the High Court itself passes a death sentence in an appeal or revision.

2. What role does the Court of Session play under Section 454 BNSS?

The Court of Session acts as an executing authority—it has no discretion and must enforce the High Court’s death sentence by issuing a warrant of execution.

3. Can the convict file an appeal against a death sentence under Section 454 BNSS?

Yes, the convict can approach the Supreme Court of India under Article 136 of the Constitution for a Special Leave Petition (SLP) or mercy petition under Article 72 or 161.

4. What happens if the convict files a mercy petition?

If a mercy petition is filed before the President of India or the Governor, the execution is stayed until a final decision is made.

Conclusion

Section 454 BNSS ensures that when the High Court itself awards a death sentence, the Court of Session promptly executes it. This provision strengthens judicial authority and maintains the effectiveness of capital punishment in extreme cases.

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