CHAPTER XXXIV
EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
A.—Death Sentences
Section 453 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Execution of order passed under section 409
When in a case submitted to the High Court for the confirmation of a sentence of death, the Court of Session receives the order of confirmation or other order of the High Court thereon, it shall cause such order to be carried into effect by issuing a warrant or taking such other steps as may be necessary.
Section 454 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
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.
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Section 455 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
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.
Section 456 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Commutation of sentence of death on pregnant woman.
If a woman sentenced to death is found to be pregnant, the High Court shall commute the sentence to imprisonment for life.
B.—Imprisonment
Section 457 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Power to appoint place of imprisonment.
(1) Except when otherwise provided by any law for the time being in force, the
State Government may direct in what place any person liable to be imprisoned or committed to custody under this Sanhita shall be confined.
(2) If any person liable to be imprisoned or committed to custody under this Sanhita is in confinement in a civil jail, the Court or Magistrate ordering the imprisonment or committal may direct that the person be removed to a criminal jail.
(3) When a person is removed to a criminal jail under sub-section (2), he shall, on being released therefrom, be sent back to the civil jail, unless either—
(a) three years have elapsed since he was removed to the criminal jail, in which case he shall be deemed to have been released from the civil jail under section 58 of
the Code of Civil Procedure, 1908; or
(b) the Court which ordered his imprisonment in the civil jail has certified to the officer in charge of the criminal jail that he is entitled to be released under section 58 of the Code of Civil Procedure, 1908.
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