455. (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.
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 451 Making over or withdrawal of cases by Executive Magistrates
Section 452 Reasons to be recorded
Section 453 Execution of order passed under section 409
Section 454 Execution of sentence of death passed by High Court
Section 455 Postponement of execution of sentence of death in case of appeal to Supreme Court
Section 456 Commutation of sentence of death on pregnant woman
Section 457 Power to appoint place of imprisonment
Section 458 Execution of sentence of imprisonment