Bharatiya Nagarik Suraksha Sanhita, 2023
Section 456
Commutation of sentence of death 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.
B.—Imprisonment
Why this exists
This provision reflects a humane and constitutional concern for protecting an unborn child and recognising the unique circumstances of pregnancy, making commutation of a death sentence mandatory (not discretionary) once pregnancy is established. It corresponds to section 416 of the earlier CrPC and aligns with broader principles against executing pregnant women found in international human rights norms.