Section 455 – Postponement of Execution of Sentence of Death in Case of Appeal to Supreme Court

Introduction

Section 455 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the postponement of execution of a sentence of death when an appeal or further proceeding before the Supreme Court is available.

The provision ensures that a death sentence passed or confirmed by the High Court is not executed while the person sentenced still has the statutory opportunity to approach the Supreme Court through the applicable appellate or constitutional remedies.

Section 455 is an important procedural safeguard in cases involving the death penalty.

Meaning of Section 455

Section 455 requires the High Court to postpone execution of a sentence of death in specified circumstances where the person sentenced may approach the Supreme Court.

The provision covers three principal situations:

1. where an appeal to the Supreme Court lies under Article 134(1)(a) or Article 134(1)(b) of the Constitution;
2. where the person sentenced applies for a certificate under Article 132 or Article 134(1)(c); and
3. where the High Court is satisfied that the person sentenced intends to approach the Supreme Court for special leave to appeal under Article 136.

In simple terms:

Death sentence by High Court → further Supreme Court remedy available → execution is postponed for the period prescribed by Section 455.

Object and Purpose

The primary objective of Section 455 is to protect the right to pursue available legal remedies before the execution of a death sentence.

Execution of a death sentence is irreversible. Therefore, the law provides a mechanism to ensure that the person sentenced is not executed while an applicable appeal or constitutional remedy before the Supreme Court remains available.

The provision promotes:

• procedural fairness;
• access to appellate remedies;
• protection against premature execution;
• orderly administration of criminal justice; and
• respect for the constitutional appellate jurisdiction of the Supreme Court.

Sub-Section (1): Appeal to the Supreme Court

Under Section 455(1), where a person is sentenced to death by the High Court and an appeal from the High Court’s judgment lies to the Supreme Court under Article 134(1)(a) or Article 134(1)(b) of the Constitution, the High Court must postpone execution.

The postponement continues:

• until the period allowed for filing the appeal expires; or
• if an appeal is filed within that period, until the appeal is disposed of.

Example

Suppose the High Court passes a death sentence against an accused and the Constitution provides a direct right of appeal to the Supreme Court.

The High Court cannot proceed with execution during the prescribed appeal period.

If the person files the appeal within that period, execution remains postponed until the Supreme Court disposes of the appeal.

Sub-Section (2): Application for Certificate

Section 455(2) deals with a different situation.

Where a sentence of death is passed or confirmed by the High Court, and the person sentenced applies to the High Court for a certificate under:

• Article 132 of the Constitution, or
• Article 134(1)(c) of the Constitution,

the High Court must postpone execution.

The postponement continues until:

1. the High Court disposes of the certificate application; or
2. if a certificate is granted, the period allowed for filing an appeal to the Supreme Court on that certificate expires.

Thus, the law ensures that execution does not take place while the person is pursuing the certificate procedure provided by the Constitution.

Sub-Section (3): Special Leave Petition

Section 455(3) deals with an intended petition to the Supreme Court for special leave to appeal under Article 136 of the Constitution.

Where:

• a sentence of death has been 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 special leave to appeal,

the High Court must postpone execution for such period as it considers sufficient to enable the person to present the petition.

This provision therefore recognises the possibility of approaching the Supreme Court under its special leave jurisdiction.

Three Situations Under Section 455

The provision can be understood through the following structure:

Sub-section	Situation	Effect
455(1)	Appeal lies to Supreme Court under Article 134(1)(a) or 134(1)(b)	Execution postponed until appeal period expires or appeal is disposed of
455(2)	Application for certificate under Article 132 or Article 134(1)(c)	Execution postponed until application is disposed of, and where certificate is granted, until appeal period expires
455(3)	Intention to file special leave petition under Article 136	Execution postponed for a period sufficient to enable filing of the petition

Why Is Postponement Necessary?

The death penalty is irreversible.

Once a person is executed, a later appellate decision cannot restore the person’s life.

Section 455 therefore provides a procedural safeguard by preventing execution during specified periods when further judicial remedies are being pursued or remain available.

The provision helps ensure that the appellate process is not rendered meaningless by premature execution.

Section 455 and Article 134

Article 134 of the Constitution provides for appeals to the Supreme Court in criminal matters in specified circumstances.

Section 455 recognises the constitutional appellate framework and ensures that where the relevant appeal lies, execution is postponed in accordance with the statutory requirements.

Therefore, Section 455 should be read together with the constitutional provisions governing criminal appeals to the Supreme Court.

Section 455 and Article 132

Article 132 concerns appeals to the Supreme Court in certain cases involving a substantial question of law as to the interpretation of the Constitution.

Where the person sentenced to death applies for the appropriate certificate under Article 132, Section 455(2) requires postponement of execution while the certificate application is dealt with.

Section 455 and Article 136

Article 136 gives the Supreme Court discretionary power to grant special leave to appeal from judgments, orders or decisions of courts and tribunals.

Section 455(3) recognises this remedy in the context of death sentences.

Where the High Court is satisfied that the person sentenced intends to approach the Supreme Court under Article 136, it must postpone execution for a period sufficient to enable the petition to be presented.

Section 455 and Section 454

Section 454 deals with the execution of a sentence of death passed by the High Court.

Section 455 provides an important safeguard to that execution process.

Section 454

Provides the mechanism for carrying a High Court death sentence into effect.

Section 455

Provides circumstances in which execution must be postponed because a Supreme Court remedy is available or intended.

Therefore:

Section 454 → Execution

Section 455 → Postponement of execution in specified Supreme Court proceedings

Section 455 and Section 453

Section 453 deals with the execution of an order passed by the High Court in a case submitted for confirmation of a death sentence.

Section 455 deals with postponement of execution where the person sentenced has or may have a further remedy before the Supreme Court.

Thus, the provisions operate at different stages of the death-sentence process.

Section 455 and Section 456

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

Therefore, Section 455 and Section 456 provide different safeguards concerning the execution of death sentences.

Section 455

Postponement because of specified Supreme Court remedies.

Section 456

Commutation of the death sentence where a woman sentenced to death is found to be pregnant.

Nature of the Duty of the High Court

The language of Section 455 is significant.

In the situations covered by the provision, the High Court shall order postponement of execution.

This means that once the statutory conditions are satisfied, postponement is not merely a matter of discretionary convenience.

The High Court must comply with the statutory requirement.

Does Section 455 Grant a New Right of Appeal?

No.

Section 455 does not itself create a constitutional right of appeal.

Instead, it establishes the consequence for execution where an appeal or other constitutional remedy is available under the Constitution.

The underlying right or remedy comes from the Constitution and applicable law.

Section 455 ensures that the death sentence is not executed before the relevant remedy has been appropriately dealt with.

Example Covering Sub-Section (1)

A High Court passes a death sentence in a case where an appeal lies directly to the Supreme Court under Article 134(1)(a) or Article 134(1)(b).

The High Court must postpone execution until:

• the prescribed appeal period expires; or
• an appeal filed within that period is disposed of.

Example Covering Sub-Section (2)

A High Court confirms a death sentence.

The person sentenced applies to the High Court for a certificate under Article 132 or Article 134(1)(c).

The execution must be postponed until the High Court decides the certificate application.

If a certificate is granted, execution remains postponed until the period allowed for filing the Supreme Court appeal expires.

Example Covering Sub-Section (3)

A High Court confirms a death sentence.

The person sentenced indicates an intention to approach the Supreme Court under Article 136.

If the High Court is satisfied that such a petition is intended, it must postpone execution for a period sufficient to allow the petition to be presented.

Importance of Section 455

Section 455 is particularly important because it ensures that the finality of a death sentence is not assumed prematurely where further Supreme Court remedies remain available.

It protects the integrity of the appellate process by ensuring adequate time for the person sentenced to pursue the remedies recognised by the Constitution.

The provision therefore acts as a bridge between:

High Court proceedings → Supreme Court remedies → execution of death sentence.

Common Confusions

Does Section 455 permanently stop the death sentence?

No.

It postpones execution for the periods and circumstances specified in the provision.

Does every death sentence automatically go to the Supreme Court?

No.

The availability and nature of a Supreme Court remedy depend upon the constitutional and statutory framework applicable to the case.

Does Section 455 apply only to appeals?

No.

It also covers applications for constitutional certificates and an intended special leave petition under Article 136.

Can execution take place while a qualifying appeal is pending?

Where Section 455 applies, execution must be postponed until the applicable appeal or proceeding is dealt with as prescribed.

Does Section 455 itself grant special leave to appeal?

No.

Special leave is governed by Article 136 of the Constitution. Section 455 only provides for postponement of execution where the High Court is satisfied that such a petition is intended.

BNSS and CrPC

Section 455 of the BNSS corresponds to Section 415 of the Code of Criminal Procedure, 1973 (CrPC).

The earlier CrPC provision similarly dealt with postponement of execution of a death sentence where an appeal or other remedy before the Supreme Court was available.

The BNSS retains the three-part structure dealing with:

• direct appeals to the Supreme Court;
• applications for constitutional certificates; and
• intended special leave petitions.

Relationship with Nearby BNSS Provisions

Section 455 forms part of Chapter XXXIV – Execution, Suspension, Remission and Commutation of Sentences, particularly the provisions concerning death sentences.

The relevant sequence is:

• 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 establish different procedural safeguards and mechanisms relating to death sentences.

Topic at a Glance

• Topic: Postponement of execution of sentence of death in case of appeal to Supreme Court
• BNSS Section: Section 455
• Primary authority: High Court
• Subject: Death sentence passed or confirmed by High Court
• Article 134(1)(a) & (b): Postponement during applicable appeal period or pending appeal
• Article 132 / Article 134(1)(c): Postponement during certificate proceedings and applicable appeal period
• Article 136: Postponement for sufficient time to enable filing of special leave petition
• Nature: Procedural safeguard
• CrPC equivalent: Section 415 CrPC

Quick Revision

• Section 455 BNSS deals with postponement of execution of a death sentence where a Supreme Court remedy is available or intended.
• Under Section 455(1), execution is postponed where an appeal lies to the Supreme Court under Article 134(1)(a) or 134(1)(b).
• If an appeal is filed within the permitted period, execution remains postponed until the appeal is disposed of.
• Section 455(2) applies where the person sentenced applies for a certificate under Article 132 or Article 134(1)(c).
• Section 455(3) applies where the High Court is satisfied that the person sentenced intends to approach the Supreme Court under Article 136.
• The provision prevents premature execution while specified Supreme Court remedies are being pursued or remain available.
• Section 454 deals with execution of a death sentence passed by the High Court.
• Section 456 deals with commutation of the death sentence where a woman sentenced to death is found to be pregnant.
• Section 455 corresponds to Section 415 of the CrPC.

ALSO READ: Section 454 – Execution of sentence of death passed by High Court

Conclusion

Section 455 of the BNSS provides an important safeguard in cases involving the death penalty by requiring the postponement of execution when specified remedies before the Supreme Court are available or intended. It covers direct appeals under Article 134, certificate proceedings under Articles 132 and 134, and an intended special leave petition under Article 136. The provision ensures that the person sentenced is given the legally prescribed opportunity to pursue further judicial remedies before the irreversible sentence is carried out.