What Is BNSS Section 455?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 455: Execution of Sentence of Death Passed by High Court

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.

Brefe Detail

Section 455 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the process for executing a death sentence that has been passed by the High Court during an appeal or revision. Upon receiving the order from the High Court, the Court of Session is responsible for ensuring that the sentence is implemented through the issuance of a warrant.

Question & Answers

Q1: What does Section 455 pertain to?

A1: Section 455 pertains to the execution of a death sentence passed by the High Court in appeal or revision.

Q2: What must the Court of Session do upon receiving the order from the High Court?

A2: The Court of Session must cause the sentence to be carried into effect by issuing a warrant.

Q3: In what scenarios does Section 455 apply?

A3: Section 455 applies when a death sentence is passed by the High Court either in appeal or in revision.

Q4: What action is required to implement the death sentence?

A4: The action required is the issuance of a warrant by the Court of Session.

Example

1. When the High Court confirms a death sentence during an appeal, the Court of Session immediately issues a warrant for execution.

2. If a death sentence is revised by the High Court, the Court of Session acts promptly to ensure that the sentence is executed according to the High Court's order.

3. After receiving the order from the High Court regarding a death sentence, the Court of Session takes necessary steps to issue the appropriate warrant.

Summary

Section 455 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes the procedure for executing death sentences passed by the High Court in appeal or revision. The Court of Session is tasked with issuing a warrant to ensure the execution of such sentences, thereby maintaining the judicial process.