Court.—(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.
Bharatiya Nagarik Suraksha Sanhita
Section 455
Postponement of execution of sentence of death in case of appeal to Supreme
⚡ Quick Answer Reference: Section 455 BNSS
- Provision: Section 455 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
- Jurisdiction: India
- Summary: If someone is sentenced to death by the High Court, the execution of the sentence will be postponed until the person has a chance to appeal to the Supreme Court. This means that the person will not be executed until the appeal process is complete.
What does Section 455 of BNSS say?
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What does Section 455 of BNSS mean?
Plain English Explanation
If someone is sentenced to death by the High Court, the execution of the sentence will be postponed until the person has a chance to appeal to the Supreme Court. This means that the person will not be executed until the appeal process is complete.
Practical Interpretation
In practice, this section means that the High Court will delay the execution of the death sentence to allow the person to appeal to the Supreme Court. This gives the person a chance to challenge the sentence and potentially have it overturned.
Core Legal Purpose
The core purpose of this section is to ensure that the person sentenced to death has a fair opportunity to appeal the sentence before it is carried out. This is in line with the principles of justice and the rule of law.
- •The person has been sentenced to death by the High Court.
- •An appeal from the High Court's judgment lies to the Supreme Court under article 134 of the Constitution.
- •The High Court must be satisfied that the person 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 must be satisfied that the person intends to present a petition to the Supreme Court for the grant of a certificate under article 132 or under sub-clause (c) of clause (1) of article 134 of the Constitution.
Practical Example of Section 455 BNSS
Rajesh is sentenced to death by the High Court for a serious crime. He wants to appeal the sentence to the Supreme Court. Under Section 455 of BNSS, the High Court will postpone the execution of the sentence until Rajesh has a chance to appeal to the Supreme Court. If Rajesh decides to appeal, the High Court will delay the execution of the sentence until the appeal is disposed of. This gives Rajesh a fair opportunity to challenge the sentence and potentially have it overturned.
Frequently Asked Questions about Section 455 BNSS
Q: What is the punishment or consequence under Section 455 of BNSS?
The punishment or consequence under Section 455 of BNSS is the postponement of the execution of the sentence of death until the appeal process is complete.
Q: Does this section apply to private individuals or public entities?
This section applies to private individuals who have been sentenced to death by the High Court.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to a criminal offence. Therefore, it is not bailable or cognizable.
Common Questions about Section 455 BNSS
What is Section 455 of BNSS?
Section 455 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Postponement of execution of sentence of death in case of appeal to Supreme". In plain terms: If someone is sentenced to death by the High Court, the execution of the sentence will be postponed until the person has a chance to appeal to the Supreme Court. This means that the person will not be executed until the appeal process is complete.
What is the punishment under Section 455 of BNSS?
Section 455 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 455 of BNSS bailable or non-bailable?
Whether Section 455 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 455 of BNSS?
The essential elements of Section 455 of BNSS are: The person has been sentenced to death by the High Court.; An appeal from the High Court's judgment lies to the Supreme Court under article 134 of the Constitution.; The High Court must be satisfied that the person intends to present a petition to the Supreme Court for the grant of special leave to appeal under article 136 of the Constitution..
Landmark Judgments under Section 455 BNSS
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