Execution of sentence of imprisonment
Section 458 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with execution of sentence of imprisonment. Where the accused is sentenced to imprisonment for life or to imprisonment for a term in cases other than those provided for by section 453, 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 a The Act came into force on 01 Jul 2024.
(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 453, 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.
Section 458, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 418 Execution of sentence of imprisonment Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Anasuya Ganapati Hegde vs The State of Karnataka by Its Secretary
Decided under Code of Criminal Procedure 418, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an accused voluntarily surrenders before the trial court after conviction, the procedure prescribed under Section 418 CrPC for issuing arrest warrants does not apply. Bail granted by the Supreme Court pending appeal automatically expires upon dismissal of the appeal without requiring an express order of cancellation, as the bail order itself limits the bail to the pendency of the appeal. The Supreme Court Registry has the authority under Supreme Court Rules, 1966, to draft decrees and communicate them to trial courts for execution, and such communication does not constitute an alteration of the Supreme Court judgment. Therefore, the arrest warrant issued by the Sessions Court after receiving the Supreme Court's order was legal and did not violate the accused's constitutional rights.
On this section: Authority to issue arrest warrant; central issue of whether only convicting court can issue warrant or other courts can also issue
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… In addition to that, it is necessary to mention that the complainant must have also required to pay printing charges, notice charges and advocate fees. The accused is absent. It is matter of fact that the accused was present on 30.7.2025 and his NBW came to be cancelled. Hence, as per sub section (1) of section 458 of Bharatiya Nagarik Suraksha Sanhita, 2023, the accused is sentenced to imprisonment for a term as follows, other than provided by section 453, therefore, it is proper to issue a warrant for his arrest for the purpose of forwarding him to the jail and the sentence shall commence on the date of his arrest as per sub …
Questions about Section 458
What have the courts held on Section 458 of the Bharatiya Nagarik Suraksha Sanhita?
Anasuya Ganapati Hegde vs The State of Karnataka by Its Secretary (18 Jan 2000) is the leading judgment on this section among those set out below, though it was decided under CRPC 418, which this section replaced -- the court never mentioned this Act: Authority to issue arrest warrant; central issue of whether only convicting court can issue warrant or other courts can also issue.
How do I find court cases under Section 458 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 458, section 458 BNSS, section 458 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Anasuya Ganapati Hegde vs The State of Karnataka by Its Secretary (18 Jan 2000).
What should I read with Section 458 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 453 (Execution of order passed under section 409), so none of them can safely be read on its own. It carries forward CrPC 418 (Execution of sentence of imprisonment), so the judgments decided under that provision are the case law on this one.
When did Section 458 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 458 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 458, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.