Postponement of execution sentence of death in case of appeal toSupreme Court
Section 415 of the Code of Criminal Procedure, 1973 deals with postponement of execution sentence of death in case of appeal toSupreme Court. Postponement of execution sentence of death in case of appeal to Supreme Court. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Postponement of execution 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 subclause (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 415, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 455 Postponement of execution of sentence of death in case of appeal to Supreme Court Text carried over almost unchanged 92%
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 The repealed enactment still governs what happened while it was in force.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.
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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Jasbir Singh @ Jassa vs State of Punjab
Court's Decision & Legal Precedent
Inordinate delay in execution of death sentence, though a significant factor, cannot by itself be the sole ground for commutation of death sentence. The delay must be considered along with the nature and gravity of the crime. Time spent in judicial proceedings and review petitions at the instance of the convict should not be counted as delay. Only undue and long delay in disposing of mercy petitions or delay at the instance of the executive is material. In the present case, there is no such inordinate delay, and the heinous nature of the crime (cold-blooded murder of a 16-year-old child for ransom) precludes commutation of death sentence to life imprisonment.
On this section: Postponement of execution of death sentence in case of appeal to Supreme Court
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Nikhila Gupta vs Indu Verma
Court's Decision & Legal Precedent
When a cheque is issued by an authorized signatory of a company and is dishonoured, the signatory can be held criminally liable under Section 138 of the Negotiable Instruments Act, even if the cheque is from the company's account. The fact that another partner manages the account does not absolve the signatory of liability if their signature appears on the cheque and they are authorized to issue cheques on behalf of the company. The presumption under Section 139 applies, and the burden is on the accused to rebut it with credible evidence. Merely arguing that the cheque was from a company account managed by another person is not sufficient to rebut the presumption.
On this section: Amended provision for criminal appeals in District and Sessions Court
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.
Questions about Section 415
What have the courts held on Section 415 of the Code of Criminal Procedure?
Jasbir Singh @ Jassa vs State of Punjab (26 Jul 2019) is the leading judgment on this section among those set out below: Postponement of execution of death sentence in case of appeal to Supreme Court. Another 1 judgment on this section is set out below. They run from 2019 to 2025.
How do I find court cases under Section 415 of the Code of Criminal Procedure?
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: CRPC 415, section 415 CRPC, section 415 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Jasbir Singh @ Jassa vs State of Punjab (26 Jul 2019).
What should I read with Section 415 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 455 (Postponement of execution of sentence of death in case of appeal to Supreme Court), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 415 of the Code of Criminal Procedure come into force?
Section 415 of the Code of Criminal Procedure, cited as CRPC 415, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.