Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 456: Postponement of Execution of Sentence of Death in Case of Appeal to Supreme Court
(1) Where a person is sentenced to death by the High Court and an appeal from its judgment lies to the Supreme Court under sub-clause (a) or sub-clause (b) of clause (1) of article 134 of the Constitution, the High Court shall order the execution of the sentence to be postponed until the period allowed for preferring such appeal has expired, or if an appeal is preferred within that period, until such appeal is disposed of.
(2) Where a sentence of death is passed or confirmed by the High Court, and the person sentenced makes an application to the High Court for the grant of a certificate under article 132 or under sub-clause (c) of clause (1) of article 134 of the Constitution, the High Court shall order the execution of the sentence to be postponed until such application is disposed of by the High Court, or if a certificate is granted on such application, until the period allowed for preferring an appeal to the Supreme Court on such certificate has expired.
(3) Where a sentence of death is 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 the grant of special leave to appeal under article 136 of the Constitution, the High Court shall order the execution of the sentence to be postponed for such period as it considers sufficient to enable him to present such petition.
Brefe Detail
Section 456 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes the conditions under which the execution of a death sentence can be postponed in cases where an appeal to the Supreme Court is pending. It outlines three key scenarios: the period allowed for appeal, the application for a certificate to appeal, and the intention to present a petition for special leave to appeal.
Question & Answers
Q1: What does Section 456 address?
A1: Section 456 addresses the postponement of execution of a death sentence when an appeal to the Supreme Court is involved.
Q2: Under what conditions can the execution of a death sentence be postponed?
A2: Execution can be postponed until the appeal period expires, until an application for a certificate is disposed of, or if the person intends to petition the Supreme Court for special leave to appeal.
Q3: What happens if an appeal is preferred within the allowed period?
A3: If an appeal is preferred within the allowed period, the execution of the sentence will be postponed until the appeal is disposed of.
Q4: What must a person do to have the execution postponed if they seek a certificate?
A4: The person must apply to the High Court for a certificate under specific articles of the Constitution.
Example
1. If a person sentenced to death applies to the High Court for a certificate to appeal to the Supreme Court, the execution of the sentence will be postponed until that application is resolved.
2. When the High Court is notified that a death sentence is being appealed, it will postpone the execution until the Supreme Court decides on the case.
3. If a person intends to file a petition for special leave to appeal, the High Court will delay the execution of the death sentence for a sufficient period to allow the petition to be presented.
Summary
Section 456 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedures for postponing the execution of a death sentence in relation to appeals to the Supreme Court. It emphasizes the importance of allowing individuals the opportunity to challenge their sentences through appropriate legal channels before execution is carried out.
