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.
Bharatiya Nagarik Suraksha Sanhita
Section 454
Execution of sentence of death passed by High Court
Englishहिंदी
⚡ Quick Answer Reference: Section 454 BNSS
- Provision: Section 454 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
- Jurisdiction: India
- Summary: When a High Court passes a death sentence in an appeal or revision case, the Court of Session must carry out the sentence by issuing a warrant after receiving the High Court's order.
Statutory Content
What does Section 454 of BNSS say?
Indian StandardSection 454, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 454 (India)
Court Pleading StandardSection 454 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/454
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 454 of BNSS mean?
Plain English Explanation
When a High Court passes a death sentence in an appeal or revision case, the Court of Session must carry out the sentence by issuing a warrant after receiving the High Court's order.
Practical Interpretation
In practice, this means that once the High Court has made a decision to impose the death penalty, the Court of Session will take the necessary steps to ensure the sentence is carried out, which involves issuing a warrant.
Core Legal Purpose
The core purpose of this section is to ensure that the sentence of death passed by the High Court is carried out in a timely and efficient manner, without any unnecessary delays or obstacles.
Key Legal Elements
- •A sentence of death has been passed by the High Court in an appeal or revision case.
- •The High Court has communicated its order to the Court of Session.
- •The Court of Session must issue a warrant to carry out the sentence.
- •This section does not specify any exceptions or limitations.
Practical Example
Practical Example of Section 454 BNSS
Rajesh is convicted of a serious crime and appeals the sentence to the High Court. The High Court upholds the conviction and passes a death sentence. The High Court communicates its order to the Court of Session, which then issues a warrant to carry out the sentence. The Court of Session ensures that the sentence is carried out in accordance with the law and the High Court's order.
Common Questions (FAQ)
Frequently Asked Questions about Section 454 BNSS
Q: What is the punishment or consequence under Section 454 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequence is the carrying out of the death sentence as per the High Court's order.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it deals with the execution of a sentence passed by the High Court, which can apply to anyone convicted of a crime.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not deal with criminal classification. However, as it involves the execution of a sentence, it is likely to be a cognizable offence, but this is not explicitly stated in the section.
People Also Ask (PAA)
Common Questions about Section 454 BNSS
What is Section 454 of BNSS?
Section 454 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Execution of sentence of death passed by High Court". In plain terms: When a High Court passes a death sentence in an appeal or revision case, the Court of Session must carry out the sentence by issuing a warrant after receiving the High Court's order.
What is the punishment under Section 454 of BNSS?
Section 454 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 454 of BNSS bailable or non-bailable?
Whether Section 454 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 454 of BNSS?
The essential elements of Section 454 of BNSS are: A sentence of death has been passed by the High Court in an appeal or revision case.; The High Court has communicated its order to the Court of Session.; The Court of Session must issue a warrant to carry out the sentence..
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