Section 458 – Bharatiya Nagarik Suraksha Sanhita (BNSS) – Execution Of Sentence Of Imprisonment.

Code: Section 458 BNSS

(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.

Explanation of Section 458 BNSS

Section 458 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, lays down the process for executing a sentence of imprisonment when an accused is convicted and sentenced by the Court.

Key Provisions of Section 458 BNSS

1. Warrant for Imprisonment
   • If a Court sentences an accused to life imprisonment or any other term of imprisonment (except those covered under Section 453 BNSS), it must immediately send a warrant to the designated jail for confinement.
2. Accused Already in Jail
   • If the accused is already confined in the jail where he is supposed to serve his sentence, the warrant will be sent to that jail without further action.
3. Imprisonment Till Rising of the Court
   • If the accused is sentenced to imprisonment till the rising of the Court, no warrant is required, and the accused can be confined in any place the Court directs.
4. Accused Not Present in Court
   • If the accused is not present in Court when sentenced, the Court must:
     • Issue a warrant for his arrest.
     • Once arrested, send him to the designated jail.
     • The sentence starts from the date of arrest.

Illustration

Example 1: Immediate Imprisonment with Warrant

• A person is sentenced to 10 years in jail for a serious offense.
• The Court immediately sends a warrant to the jail authorities, and the accused is transferred to the jail for confinement.

Example 2: Accused Not Present in Court

• A businessman is convicted in absentia and sentenced to 5 years of imprisonment.
• Since he is not present in Court, the Court issues a warrant for his arrest.
• He is arrested a week later, and his sentence starts from the date of his arrest.

Example 3: Imprisonment Till Rising of the Court

• A person is found guilty of contempt of court and sentenced to imprisonment till the rising of the Court.
• No jail warrant is required, and the accused is confined in the Court’s designated space until the Court session ends.

Common Questions & Answers on Section 458 BNSS

1. What happens if the accused is already in jail?

If the accused is already in jail, the Court sends a warrant to that jail and the sentence continues from there.

2. Does the sentence start immediately if the accused is not in Court?

No, if the accused is not present in Court, the sentence starts from the date of arrest.

3. When is a warrant not required for imprisonment?

A warrant is not required when the accused is sentenced to imprisonment till the rising of the Court.

4. Can the Court decide where the accused will serve the sentence?

Yes, the Court can direct where the accused will be confined, but generally, imprisonment occurs in the designated jail.

5. What is the process for executing a sentence of life imprisonment?

For life imprisonment, the Court forwards a warrant to the jail, and the accused is transferred to the jail immediately.

Conclusion

Section 458 BNSS ensures clarity and efficiency in the execution of imprisonment sentences. It establishes a structured process for forwarding warrants, handling absent accused persons, and determining confinement locations. By providing clear rules, it helps in smooth judicial proceedings and prevents unnecessary delays in imprisonment.

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