Section 454 BNSS: Execution of Sentence of Death Passed by High Court

Section 454 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the procedure for carrying out a death sentence when the sentence is passed by a High Court in an appeal or revision. The provision places the operational duty on the Court of Session after it receives the High Court's order.

Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023 and came into force on 1 July 2024. Section 454 appears in Chapter XXXIV, which deals with execution, suspension, remission and commutation of sentences.

Text of Section 454 BNSS

454. 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.

Meaning and Scope of Section 454

Section 454 applies where the High Court itself passes a sentence of death while exercising appellate or revisional jurisdiction. Once the Court of Session receives the High Court's order, the Sessions Court is required to give effect to that order by issuing the necessary warrant for execution of the sentence.

The section therefore separates the judicial order imposing the sentence from the procedural step required to carry it into effect. The High Court passes the sentence in appeal or revision, while the Court of Session performs the execution-related function specified by Section 454 after receipt of the order.

Key Elements of Section 454

Sentence by High Court: The provision applies when the death sentence is passed by the High Court.
Appeal or revision: The High Court must have passed the sentence while deciding an appeal or exercising revisional jurisdiction.
Receipt by Court of Session: The procedural obligation begins when the Court of Session receives the High Court's order.
Issue of warrant: The Court of Session causes the sentence to be carried into effect by issuing a warrant.

How Section 454 Fits Within the BNSS

Section 454 is part of the group of BNSS provisions dealing with death sentences. It should be read with the adjoining provisions governing execution of death sentences, including Section 453 and the safeguards and procedural provisions that follow it.

In particular, Section 455 BNSS deals with postponement of execution where an appeal to the Supreme Court is involved, while Section 456 BNSS deals with commutation of a death sentence in the case of a pregnant woman.

Practical Effect

The practical effect of Section 454 is that the Court of Session acts on the High Court's order by issuing the execution warrant. The provision does not by itself eliminate other legal safeguards, appellate remedies, constitutional remedies, or statutory provisions that may require postponement, suspension, remission or commutation in an appropriate case.

Official Legal Sources

For the authoritative text and current statutory information, refer to the official India Code entry for the Bharatiya Nagarik Suraksha Sanhita, 2023. The Ministry of Home Affairs New Criminal Laws page also provides the official central-government source for the BNSS and the other new criminal laws.