Code: Section 456 BNSS
If a woman sentenced to death is found to be pregnant, the High Court shall commute the sentence to imprisonment for life.
Explanation of Section 456 BNSS
Section 456 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 ensures that a pregnant woman facing the death penalty will not be executed. Instead, the High Court must reduce the sentence to life imprisonment.
This provision upholds humanitarian values and aligns with international legal principles, recognizing both the rights of the unborn child and the well-being of the mother.
Key Provisions of Section 456 BNSS
1. Who Does This Apply To?
Women who have already received a death sentence. Those who are medically confirmed to be pregnant before execution.
2. What Happens If Pregnancy Is Confirmed?
The death sentence is automatically converted to life imprisonment. The High Court is responsible for approving the commutation. The woman remains in prison, but her execution is permanently revoked.
3. Why Does the Law Commute the Sentence?
It safeguards the life of the unborn child. It upholds basic humanitarian principles. It aligns with global human rights standards related to capital punishment.
Illustrations of Section 456 BNSS
Example 1: Pregnant Woman on Death Row
A woman is convicted of murder and sentenced to death. However, before the execution, a medical examination confirms she is pregnant. As per Section 456 BNSS, the High Court commutes her sentence to life imprisonment, ensuring she is not executed.
Example 2: Pregnancy Detected During Appeal
A woman appeals her death sentence. During medical screening, it is confirmed that she is pregnant. The High Court intervenes and immediately changes her sentence to life imprisonment, following legal protocol.
Common Questions and Answers on Section 456 BNSS
1. Can a pregnant woman be executed in India?
No. Under Section 456 BNSS, if a woman is sentenced to death but later found to be pregnant, her sentence must be commuted to life imprisonment.
2. Who determines whether the woman is pregnant?
A mandatory medical examination is conducted to confirm pregnancy before execution.
3. Does this mean the woman is acquitted?
No. The conviction remains, but the death penalty is replaced with life imprisonment.
4. Can pregnancy be used as a defense in the trial?
No. Pregnancy only affects sentencing, not the guilt or innocence of the accused.
5. What happens to the child after birth?
Indian prison laws allow children to stay with their mother for a limited period. Afterward, the child may be placed with relatives or in state care.
Conclusion
Section 456 BNSS serves as a crucial legal safeguard that prevents the execution of pregnant women, ensuring both justice and compassion. By replacing the death penalty with life imprisonment, this provision upholds fundamental human rights while maintaining the integrity of the justice system.
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