Bharatiya Nagarik Suraksha Sanhita, 2023
Section 455
Postponement of execution of sentence of death in case of appeal to Supreme
(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.
Why this exists
A death sentence is irreversible, so the law is extremely careful to ensure that every constitutional avenue of appeal to the Supreme Court is genuinely available before execution proceeds. This provision creates mandatory postponement rules so that a condemned person's right to seek the highest court's review is never rendered meaningless by premature execution. It corresponds to section 415 of the earlier CrPC.
How courts read it
Courts have treated the right to exhaust every appellate and review remedy before executing a death sentence as fundamental to the fairness of capital punishment, and delays or violations of this postponement requirement have themselves sometimes been cited by higher courts as grounds for commuting a death sentence.
Common misconceptions
- Myth: A death sentence from the High Court can be carried out right away if the convict simply says they might appeal.
Fact: The High Court is legally required to postpone execution until the time for a Supreme Court appeal has expired, or the appeal or certificate application is decided, or sufficient time has been given to file a special leave petition.