Section 455 – Bharatiya Nagarik Suraksha Sanhita (BNSS) – Postponement Of Execution Of Sentence Of Death In Case Of Appeal To Supreme Court.

Code: Section 455 BNSS

(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.

Explanation of Section 455 BNSS

Section 455 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, ensures that execution of a death sentence is postponed in cases where the convict seeks to appeal before the Supreme Court. This provision upholds judicial fairness by allowing convicts to exhaust their legal remedies before execution.

Key Provisions of Section 455 BNSS

1. Automatic Postponement of Execution When Appeal Lies to the Supreme Court
   • If the High Court sentences a person to death, and an appeal is permitted under Article 134(1)(a) or (b) of the Constitution, execution is postponed:
     • Until the appeal period expires (if no appeal is filed).
     • Until the Supreme Court disposes of the appeal (if filed).
2. Postponement When a Certificate for Appeal Is Sought Under Article 132 or 134(1)(c)
   • If the convict seeks a certificate of appeal from the High Court under Article 132 or 134(1)(c):
     • Execution is postponed until the High Court decides on the certificate.
     • If the certificate is granted, execution is further postponed until the Supreme Court appeal period expires.
3. Postponement for Filing Special Leave Petition (SLP) Under Article 136
   • If the High Court believes the convict intends to file an SLP under Article 136, it shall grant a reasonable period for filing the petition before execution.

Illustration

Example 1: Appeal Under Article 134(1)(a)

• The High Court sentences a person to death for murder under Section 103 BNSS.
• Since an appeal is available under Article 134(1)(a), execution is automatically postponed.
• The convict files an appeal in the Supreme Court within the allowed period.
• The execution remains postponed until the Supreme Court’s final decision.

Example 2: Seeking a Certificate Under Article 132

• A person is sentenced to death, but they apply for an Article 132 certificate for appeal.
• The High Court postpones execution until the certificate application is decided.
• If granted, execution remains further postponed until the Supreme Court appeal period expires.

Example 3: Filing a Special Leave Petition (SLP)

• The High Court confirms a death sentence, but the convict intends to file an SLP under Article 136.
• The High Court grants a reasonable time to file the petition before allowing execution.

Common Questions & Answers on Section 455 BNSS

1. How does Section 455 BNSS protect the rights of convicts?

It ensures that no death sentence is carried out hastily. Convicts get a fair chance to appeal before the Supreme Court.

2. What happens if a convict fails to appeal within the allowed time?

If the convict does not file an appeal within the stipulated time, execution can proceed as per law.

3. Does Section 455 BNSS apply if the Supreme Court dismisses the appeal?

No, once the Supreme Court dismisses the appeal, execution proceeds as per the High Court’s original order.

4. Can the High Court deny postponement under Section 455 BNSS?

No, postponement is mandatory if the conditions under sub-sections (1), (2), or (3) are met.

Conclusion

Section 455 BNSS safeguards legal rights by ensuring that death sentences are not executed prematurely. It provides convicts with the opportunity to appeal before the Supreme Court, ensuring fairness in the judicial system.

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