Section 413 CrPC: Execution of Order Passed Under Section 368

Section 413 of the Code of Criminal Procedure, 1973 (CrPC) dealt with implementing a High Court order in a death-sentence confirmation reference. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in force from 1 July 2024, is Section 453, which refers to Section 409 BNSS instead of Section 368 CrPC.

Text of Section 413 CrPC

When in a case submitted to the High Court for the confirmation of a sentence of death, the Court of Session receives the order of confirmation or other order of the High Court thereon, it shall cause such order to be carried into effect by issuing a warrant or taking such other steps as may be necessary.

Current law: Section 453 BNSS, 2023

Section 453 BNSS, titled Execution of order passed under section 409, retains the substantive rule of former Section 413 CrPC. After the Court of Session receives the High Court's order in a death-sentence confirmation proceeding, it must take the necessary lawful steps to give effect to that order, including issuing an appropriate warrant where required.

Section 409 BNSS, corresponding to Section 368 CrPC, defines the High Court's powers in a death-sentence reference. The High Court may confirm the sentence, impose another lawful sentence, annul the conviction and make a permitted consequential order, direct a retrial, or acquit the accused, subject to the statutory proviso concerning appeal.

Meaning and operation

Confirmation reference: A death sentence imposed by a Court of Session requires confirmation by the High Court before it can be executed. Order of confirmation: The High Court's judicial decision affirming that sentence. Warrant: A formal judicial direction used to implement the operative order. Other order: A High Court decision modifying, setting aside, or otherwise disposing of the sentence or conviction.

The Court of Session performs an implementing role after receiving the High Court's order; Section 413 CrPC and Section 453 BNSS do not independently authorize the Court of Session to reconsider the High Court's decision. Implementation remains subject to applicable appeal rights, stays, constitutional remedies, and other statutory safeguards.

Key procedural safeguards

Section 455 BNSS (formerly Section 415 CrPC) addresses postponement of execution where an appeal to the Supreme Court is available or contemplated in the circumstances specified by law. Section 456 BNSS concerns commutation of a death sentence imposed on a pregnant woman. These provisions must be read together with the High Court confirmation procedure and binding judicial directions on death-sentence execution.

CrPC repeal and pending proceedings

Section 531 BNSS repeals the CrPC, subject to savings for specified pending proceedings. Consequently, whether the CrPC or BNSS governs a particular matter depends on the applicable transitional provisions and procedural history; it should not be determined solely from the date of an alleged offence.

Official statutory references

Frequently asked questions

What is Section 413 CrPC?

It directed the Court of Session to carry out the High Court's order in a death-sentence confirmation reference by warrant or other necessary steps.

Which BNSS section replaces Section 413 CrPC?

Section 453 BNSS. Its cross-reference is Section 409 BNSS, corresponding to Section 368 CrPC.

Can a Sessions Court execute a death sentence without High Court confirmation?

No. A death sentence passed by the Court of Session requires High Court confirmation, and execution remains subject to all applicable legal safeguards.

This article is general legal information, updated 19 October 2026, and is not a substitute for case-specific legal advice.