What Is BNSS Section 459?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 459: Execution of sentence of imprisonment.

(1) Where the accused is sentenced to imprisonment for life or to imprisonment for a term in cases other than those provided for by section 455, the Court passing the sentence shall forthwith forward a warrant to the jail or other place in which he is, or is to be, confined, and, unless the accused is already confined in such jail or other place, shall forward him to such jail or other place, with the warrant: Provided that where the accused is sentenced to imprisonment till the rising of the Court, it shall not be necessary to prepare or forward a warrant to a jail, and the accused may be confined in such place as the Court may direct.

(2) Where the accused is not present in Court when he is sentenced to such imprisonment as is mentioned in sub-section (1), the Court shall issue a warrant for his arrest for the purpose of forwarding him to the jail or other place in which he is to be confined; and in such case, the sentence shall commence on the date of his arrest.

Brefe Detail

Section 459 of the Bharatiya Nagarik Suraksha Sanhita outlines the procedures for executing a sentence of imprisonment. It specifies the obligations of the Court regarding the forwarding of warrants and the handling of the accused, whether present in court or not.

Question & Answers

What happens when an accused is sentenced to imprisonment for life?

The Court must forward a warrant to the jail where the accused will be confined and may also forward the accused to that jail unless they are already confined there.

Is a warrant needed when sentencing an accused to imprisonment until the rising of the Court?

No, it is not necessary to prepare or forward a warrant in such cases.

What occurs if the accused is not present in Court when sentenced?

The Court shall issue a warrant for the arrest of the accused to forward them to the jail, and the sentence will commence on the date of their arrest.

Example

• If a person is sentenced to life imprisonment, the Court will issue a warrant to send them to the designated jail immediately.
• In a case where the accused is sentenced to imprisonment until the Court rises, they may be confined to a location determined by the Court without a warrant.

Summary

Section 459 details the execution process for sentences of imprisonment, emphasizing the role of the Court in forwarding warrants and ensuring the proper confinement of the accused, whether they are present during sentencing or not.