Section 453 – Execution of Order Passed Under Section 409

Introduction

Section 453 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the execution of an order passed by the High Court in a case involving a sentence of death.

The provision applies where a death sentence awarded by the Court of Session has been submitted to the High Court for confirmation. Once the Court of Session receives the High Court’s order of confirmation or any other order passed by the High Court in the matter, it must ensure that the order is carried into effect.

Section 453 is contained in Chapter XXXIV – Execution, Suspension, Remission and Commutation of Sentences, under the provisions relating to death sentences.

Statutory Provision

Section 453 – Execution of order passed under section 409

When a case submitted to the High Court for confirmation of a sentence of death results in the Court of Session receiving the High Court’s order of confirmation or another order passed by the High Court, the Court of Session shall cause that order to be carried into effect by issuing a warrant or taking such other steps as may be necessary.

Meaning of Section 453

Section 453 establishes what the Court of Session must do after receiving the High Court’s order in a case where a death sentence was submitted for confirmation.

The important stages are:

Court of Session awards death sentence → case is submitted to High Court for confirmation → High Court passes its order → Court of Session receives the order → Court of Session carries the order into effect.

The provision therefore deals with the implementation of the High Court’s order rather than the original determination of guilt or sentence.

When Does Section 453 Apply?

Section 453 applies when:

1. a case has been submitted to the High Court for confirmation of a sentence of death; and
2. the Court of Session receives the High Court’s order of confirmation or another order passed by the High Court in that case.

Once these conditions are satisfied, the Court of Session has the statutory duty to give effect to the High Court’s order.

Role of the High Court

Under the statutory scheme, a death sentence passed by a Court of Session is submitted to the High Court for confirmation.

The High Court then considers the matter and passes an appropriate order.

Section 453 deals with the subsequent stage — what happens after the Court of Session receives that High Court order.

Thus, the provision connects the High Court’s confirmation proceedings with the eventual execution or implementation of the order.

Role of the Court of Session

The Court of Session has the responsibility of carrying the High Court’s order into effect.

It may do so by:

• issuing a warrant; or
• taking such other steps as may be necessary.

The Court of Session therefore acts upon the High Court’s order rather than independently reconsidering the matter under Section 453.

Issuing a Warrant

One of the specific mechanisms mentioned in Section 453 is the issuance of a warrant.

Where the High Court’s order requires execution of the death sentence, the Court of Session may issue the necessary warrant to give effect to that order.

The warrant provides the formal mechanism for carrying out the sentence in accordance with law.

“Other Steps as May Be Necessary”

Section 453 is not limited exclusively to the issuance of a warrant.

It also permits the Court of Session to take such other steps as may be necessary to carry the High Court’s order into effect.

This ensures that the statutory mechanism is sufficiently flexible to implement the High Court’s order according to the circumstances of the case.

Example

Suppose a Court of Session convicts an accused of an offence and imposes a sentence of death.

The case is submitted to the High Court for confirmation.

The High Court considers the case and confirms the death sentence.

When the Court of Session receives the High Court’s confirmation order, Section 453 requires it to cause the order to be carried into effect by issuing the necessary warrant or taking other necessary steps.

What If the High Court Passes Another Order?

Section 453 does not refer only to an order confirming the death sentence.

It also covers an “other order” passed by the High Court in the case.

Therefore, when the Court of Session receives an order other than confirmation, it must give effect to that order in accordance with its terms and the applicable law.

For example, if the High Court modifies the sentence or passes another appropriate order, the Court of Session must act upon that order rather than treating the original Sessions Court order as independently enforceable.

Section 453 Does Not Create a New Sentence

Section 453 does not give the Court of Session an independent power to impose a new sentence.

Its function is to carry the High Court’s order into effect.

The High Court’s order remains the operative basis for the action taken under this provision.

Section 453 and Death Sentences

Section 453 specifically belongs to the provisions dealing with death sentences.

It must therefore be distinguished from the general provisions concerning execution of ordinary sentences.

The sequence begins with the death sentence being submitted to the High Court for confirmation and continues with the implementation of the High Court’s resulting order.

Section 453 and Section 409

The heading of Section 453 refers to Section 409.

Section 409 deals with the submission of a death sentence to the High Court for confirmation.

Therefore, the provisions operate together:

Section 409 → Death sentence submitted to High Court for confirmation

Section 453 → Court of Session executes the High Court’s resulting order

This cross-reference explains why Section 453 is specifically titled “Execution of order passed under section 409.”

Section 453 and Section 454

Section 453 and Section 454 deal with related but different situations.

Section 453

Deals with execution of the High Court’s order in a case submitted to the High Court for confirmation of a death sentence.

Section 454

Deals with execution of a death sentence passed by the High Court in appeal or revision.

Thus:

Section 453 → High Court confirmation proceedings

Section 454 → Death sentence directly passed by High Court in appeal or revision

Section 453 and Section 455

Section 455 deals with the postponement of execution of a death sentence where an appeal to the Supreme Court is available.

Therefore, Section 453 should not be read in isolation from the safeguards and subsequent provisions governing execution of death sentences.

The statutory sequence provides mechanisms for:

• confirmation of death sentences;
• execution of High Court orders;
• postponement where Supreme Court proceedings may follow; and
• other circumstances affecting execution.

Importance of Section 453

Section 453 is important because it establishes a clear procedural link between the High Court’s decision on a death sentence and its implementation by the Court of Session.

It ensures that:

• the High Court’s order is formally acted upon;
• the Court of Session does not disregard the High Court’s determination;
• the necessary warrant or other steps are taken; and
• execution proceeds according to the statutory framework.

Nature of the Provision

Section 453 is primarily a procedural and executory provision.

It does not establish the offence, determine guilt or independently impose punishment.

Instead, it governs the implementation of an order already passed by the High Court in a death-sentence confirmation proceeding.

Common Confusions

Does Section 453 itself impose the death sentence?

No.

The provision concerns the execution of the High Court’s order after the death sentence has been submitted for confirmation.

Who executes the High Court’s order under Section 453?

The Court of Session that receives the High Court’s order is responsible for causing it to be carried into effect.

Is a warrant specifically mentioned?

Yes.

Section 453 expressly provides for carrying the order into effect by issuing a warrant or taking other necessary steps.

Does Section 453 apply only when the High Court confirms the death sentence?

It applies when the Court of Session receives the High Court’s order of confirmation or other order on the case.

Is Section 453 the same as Section 454?

No.

Section 453 concerns an order in a case submitted to the High Court for confirmation of a death sentence, while Section 454 deals with a death sentence passed by the High Court in appeal or revision.

BNSS and CrPC

Section 453 of the BNSS corresponds to Section 413 of the Code of Criminal Procedure, 1973 (CrPC).

The CrPC provision was titled “Execution of order passed under section 368”, while the corresponding BNSS provision refers to Section 409. The substantive mechanism has been carried forward.

The correspondence is:

• Section 409 BNSS → procedure concerning confirmation of death sentence by High Court
• Section 453 BNSS → execution of the High Court’s order
• Section 413 CrPC → corresponding earlier provision

Relationship with the Death Sentence Provisions

Section 453 forms part of the following sequence under Chapter XXXIV:

• Section 453: Execution of order passed under Section 409
• Section 454: Execution of sentence of death passed by High Court
• Section 455: Postponement of execution of sentence of death in case of appeal to Supreme Court
• Section 456: Commutation of sentence of death on pregnant woman

These provisions collectively regulate different stages and circumstances relating to death sentences.

Topic at a Glance

• Topic: Execution of order passed under Section 409
• BNSS Section: Section 453
• Chapter: XXXIV – Execution, Suspension, Remission and Commutation of Sentences
• Part: Death Sentences
• Authority responsible for execution: Court of Session
• Relevant High Court proceeding: Confirmation of sentence of death
• Main requirement: Carry the High Court’s order into effect
• Method: Issue a warrant or take other necessary steps
• Related provision: Section 409 – procedure concerning confirmation of death sentence
• Next provision: Section 454 – Execution of sentence of death passed by High Court
• CrPC equivalent: Section 413 CrPC

Quick Revision

• Section 453 BNSS deals with the execution of the High Court’s order in a case involving confirmation of a death sentence.
• The case must have been submitted to the High Court for confirmation of the death sentence.
• After receiving the High Court’s confirmation or other order, the Court of Session must carry that order into effect.
• The Court of Session may issue a warrant or take other necessary steps.
• Section 453 is an executory provision and does not independently impose a death sentence.
• Section 453 corresponds to Section 413 CrPC.
• Section 454 deals with a death sentence passed directly by the High Court in appeal or revision.
• Section 455 deals with postponement of execution where an appeal to the Supreme Court is available.

ALSO READ: Section 452 – Reasons to be recorded

Conclusion

Section 453 of the BNSS provides the procedural mechanism for the execution of an order passed by the High Court in a case submitted for confirmation of a death sentence. Once the Court of Session receives the High Court’s confirmation or other order, it must cause that order to be carried into effect by issuing a warrant or taking such other necessary steps. The provision therefore ensures that the High Court’s order is properly implemented within the statutory framework governing death sentences.