Postponement of capital sentence pregnant woman
Section 416 of the Code of Criminal Procedure, 1973 deals with postponement of capital sentence pregnant woman. If a woman sentenced to death is found to be pregnant, the High Court shall order the execution of the sentence to be postponed, and may, if it thinks fit, commute the sentence to imprisonment for life. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
If a woman sentenced to death is found to be pregnant, the High Court shall order the execution of the sentence to be postponed, and may, if it thinks fit, commute the sentence to imprisonment for life.
B.-Imprisonment
Section 416, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 456 Commutation of sentence of death on pregnant woman Close, with changes 79%
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 The repealed enactment still governs what happened while it was in force.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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Binay Kishore Prasad vs The Union of India through the
Court's Decision & Legal Precedent
When a prosecution is barred under Section 416 CrPC and the punishment prescribed for the alleged offense is only a fine, a belated complaint is not fit to proceed, and the cognizance order should be quashed in exercise of the High Court's discretionary power to prevent abuse of process.
On this section: Court applied this section to determine whether prosecution was barred; the section deals with conditions for prosecution in certain cases
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 416
What have the courts held on Section 416 of the Code of Criminal Procedure?
Binay Kishore Prasad vs The Union of India through the (25 Apr 2016) is the leading judgment on this section among those set out below: Court applied this section to determine whether prosecution was barred; the section deals with conditions for prosecution in certain cases.
How do I find court cases under Section 416 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 416, section 416 CRPC, section 416 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. 1 reported judgment on this section is set out on this page, beginning with Binay Kishore Prasad vs The Union of India through the (25 Apr 2016).
What should I read with Section 416 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 456 (Commutation of sentence of death on pregnant woman), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 416 of the Code of Criminal Procedure come into force?
Section 416 of the Code of Criminal Procedure, cited as CRPC 416, 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.