Bharatiya Nagarik Suraksha Sanhita, 2023

Section 456 BNSS: Commutation of Death Sentence of Pregnant Woman

Act No. 46 of 2023 | Chapter XXXIV - Execution, Suspension, Remission and Commutation of Sentences | Updated: 12 September 2026

Section 456 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) creates a mandatory safeguard where a woman who has been sentenced to death is found to be pregnant. In that situation, the High Court must commute the death sentence to imprisonment for life.

On this page

Text of Section 456 BNSS

Section 456 - 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.

Meaning and legal effect of Section 456

The provision applies after a woman has been sentenced to death and is found to be pregnant. The legal consequence is not merely postponement of execution. The High Court is required to substitute the death sentence with imprisonment for life.

The use of the word shall makes the duty mandatory. Once the statutory condition is satisfied, the High Court does not have a discretion to retain the death sentence under this provision.

Who is protected?
A woman who has been sentenced to death and is found to be pregnant.
Which court acts?
The High Court is the authority expressly named in Section 456.
What must the court do?
Commute the sentence of death.
What is the substituted sentence?
Imprisonment for life.

Essential requirements

  • There must be a sentence of death against a woman.
  • The woman must be found to be pregnant.
  • The consequence follows through an order of the High Court.
  • The death sentence must be commuted to imprisonment for life.
Practical effect: Section 456 changes the nature of the sentence itself. It is therefore different from a temporary postponement of execution pending an appeal or other proceeding.

Corresponding provision under the Code of Criminal Procedure, 1973

The earlier corresponding provision was Section 416 of the Code of Criminal Procedure, 1973, titled "Postponement of capital sentence on pregnant woman." The operative protection was materially the same: where a woman sentenced to death was found to be pregnant, the High Court was required to commute the sentence to imprisonment for life.

The BNSS has been in force from 1 July 2024, subject to the commencement notification issued by the Central Government. Section 456 now contains the applicable provision in the BNSS framework.

Related provisions in Chapter XXXIV of BNSS

Section 456 appears in the part of Chapter XXXIV dealing specifically with death sentences. It follows Section 455, which addresses postponement of execution of a death sentence where a Supreme Court appeal, certificate application, or proposed special leave petition is involved. Section 457 begins the next group of provisions concerning imprisonment.

Frequently asked questions

What does Section 456 BNSS provide?

It provides that if a woman sentenced to death is found to be pregnant, the High Court shall commute the sentence to imprisonment for life.

Is commutation under Section 456 discretionary?

No. The section uses mandatory language. Once the statutory condition is established, the High Court must commute the death sentence to life imprisonment.

Does Section 456 merely postpone execution?

No. Section 456 requires commutation of the sentence itself. Postponement of execution in specified appellate situations is dealt with separately in Section 455.

Which CrPC provision dealt with the same subject?

Section 416 of the Code of Criminal Procedure, 1973 dealt with the corresponding subject before the BNSS came into force.