Section 454 – Execution of Sentence of Death Passed by High Court

Introduction

Section 454 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the execution of a sentence of death passed by the High Court.

The provision applies where the High Court itself passes a sentence of death in an appeal or in exercise of its revisional jurisdiction. It provides the procedural mechanism through which the High Court’s death sentence is executed.

Section 454 follows Section 453, which deals with the execution of an order passed by the High Court in a case where a sentence of death has been submitted to it for confirmation.

Meaning of Section 454

Section 454 provides that when the High Court passes a sentence of death, the High Court must cause the sentence to be carried into effect by issuing a warrant or taking such other steps as may be necessary.

In simple terms:

High Court passes death sentence → High Court directs its execution → warrant or other necessary steps are taken → sentence is carried into effect according to law.

When Does Section 454 Apply?

Section 454 applies when a sentence of death is passed by the High Court in circumstances covered by the provision.

This is different from a situation where a Court of Session initially passes a death sentence and the case is subsequently sent to the High Court for confirmation.

That situation is dealt with by Section 453 BNSS.

Execution of Death Sentence Passed by High Court

The central purpose of Section 454 is to ensure that a death sentence directly passed by the High Court is formally carried into effect.

The High Court may issue the necessary warrant or take other steps required for execution.

The provision therefore establishes the procedural link between:

High Court’s death sentence → execution of the sentence.

Warrant for Execution

A warrant is an important procedural instrument for carrying a sentence of death into effect.

Section 454 recognises the issuance of a warrant as one of the methods by which the High Court may cause the sentence to be executed.

The warrant provides the formal authority for the execution of the sentence in accordance with law.

Other Necessary Steps

The provision is not restricted solely to the issuance of a warrant.

It also permits the High Court to take such other steps as may be necessary to give effect to the death sentence.

This ensures that the execution process can be implemented in accordance with the statutory requirements applicable to the particular case.

Example

Suppose a person is convicted by a lower Criminal Court and the matter reaches the High Court in appeal.

After considering the case, the High Court itself passes a sentence of death.

Section 454 provides the mechanism for giving effect to that sentence. The High Court may issue the necessary warrant or take other steps required for execution in accordance with law.

Section 454 vs Section 453

These two provisions deal with closely related situations but should not be confused.

Section 453

Deals with the execution of an order passed by the High Court under the procedure for confirmation of a death sentence.

The death sentence originates from the Court of Session and is submitted to the High Court for confirmation.

Section 454

Deals with the execution of a sentence of death passed by the High Court itself.

The key distinction is:

Section 453 → Death sentence passed by Court of Session and confirmed by High Court

Section 454 → Death sentence passed by High Court

Section 454 and Appeals

A High Court may exercise appellate jurisdiction in criminal matters.

Where the High Court, while dealing with an appeal, passes a sentence of death, Section 454 provides for the execution of that sentence.

The provision therefore covers a death sentence arising directly from the High Court’s appellate jurisdiction.

Section 454 and Revision

The provision also applies where the High Court passes a sentence of death while exercising its revisional jurisdiction, as contemplated by the statutory provision.

The execution mechanism remains the same: the High Court must cause the sentence to be carried into effect through the prescribed process.

Safeguards Before Execution

A sentence of death is subject to important procedural and legal safeguards.

Section 454 should therefore be read along with the provisions that deal with situations in which execution may need to be postponed, particularly where a further appeal to the Supreme Court is available.

The existence of a death sentence does not mean that execution can disregard the procedural safeguards provided by law.

Section 455 – Postponement of Execution

Section 455 follows Section 454 and deals with the postponement of execution of a sentence of death where an appeal to the Supreme Court is available.

This is important because a person sentenced to death by the High Court may have a further remedy before the Supreme Court.

Thus:

Section 454 → Execution of High Court’s death sentence

Section 455 → Postponement where Supreme Court appeal is available

Section 456 – Pregnant Woman

Section 456 deals with the commutation of a sentence of death in the case of a pregnant woman.

Therefore, the provisions following Section 454 recognise circumstances in which the ordinary execution process may be affected by additional statutory safeguards.

Nature of Section 454

Section 454 is primarily a procedural and executory provision.

It does not define the offence for which a person may be sentenced to death.

It does not independently establish guilt.

Instead, it provides the mechanism for carrying into effect a death sentence passed by the High Court.

Importance of Section 454

Section 454 is important because it establishes a clear legal mechanism for implementing a death sentence imposed directly by the High Court.

It ensures that:

• the sentence is formally authorised for execution;
• the necessary warrant or other steps are taken;
• execution follows the statutory procedure; and
• the process remains subject to applicable legal safeguards.

Section 454 and Fair Procedure

Because the death penalty is the most severe criminal punishment, execution must follow the procedure established by law.

Section 454 operates within that broader framework.

The provision does not eliminate other legal remedies or safeguards available to a person sentenced to death.

Common Confusions

Does Section 454 itself impose the death penalty?

No.

It deals with the execution of a death sentence already passed by the High Court.

Does Section 454 apply when the Sessions Court passes a death sentence?

Not in the same manner.

Where a Court of Session passes a death sentence requiring confirmation by the High Court, Section 453 governs execution of the High Court’s resulting order.

What is the role of a warrant?

A warrant is one of the formal mechanisms through which the death sentence is carried into effect.

Can execution take place without considering further legal remedies?

The execution process remains subject to the applicable statutory safeguards, including provisions concerning a possible appeal to the Supreme Court.

Is Section 454 the same as Section 453?

No.

Section 453 concerns execution of the High Court’s order in a case submitted for confirmation of a death sentence, whereas Section 454 concerns a death sentence passed directly by the High Court.

BNSS and CrPC

Section 454 of the BNSS corresponds to Section 414 of the Code of Criminal Procedure, 1973 (CrPC).

The corresponding CrPC provision dealt with the execution of a sentence of death passed by the High Court.

The BNSS retains this procedural mechanism within its provisions concerning the execution of sentences.

Relationship with Nearby Provisions

Section 454 forms part of the provisions concerning death sentences:

• 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 should be read together to understand the procedural framework surrounding the execution of death sentences.

Topic at a Glance

• Topic: Execution of sentence of death passed by High Court
• BNSS Section: Section 454
• Authority: High Court
• Subject: Sentence of death passed by the High Court
• Main mechanism: Warrant or other necessary steps
• Nature: Procedural and executory
• Purpose: To carry the High Court’s death sentence into effect
• Related provision: Section 453 – Execution of order passed under Section 409
• Next provision: Section 455 – Postponement of execution of sentence of death in case of appeal to Supreme Court
• CrPC equivalent: Section 414 CrPC

Quick Revision

• Section 454 BNSS deals with the execution of a sentence of death passed by the High Court.
• It provides the mechanism for carrying the High Court’s death sentence into effect.
• The High Court may issue a warrant or take other necessary steps.
• Section 454 is different from Section 453.
• Section 453 concerns execution of an order in a case where a death sentence passed by the Court of Session has been submitted for High Court confirmation.
• Section 454 concerns a death sentence passed directly by the High Court.
• The execution process remains subject to applicable legal safeguards.
• Section 455 deals with postponement where an appeal to the Supreme Court is available.
• Section 454 corresponds to Section 414 of the CrPC.

ALSO READ: Section 453 – Execution of order passed under section 409

Conclusion

Section 454 of the BNSS provides the procedural framework for the execution of a sentence of death passed by the High Court. It enables the High Court to cause the sentence to be carried into effect by issuing a warrant or taking other necessary steps. The provision must be understood alongside the safeguards and subsequent provisions governing postponement, appeal and other circumstances affecting the execution of a death sentence.