LawpatraLawpatra.ai

Lawpatra is an AI-powered legal education platform designed to help aspirants crack premier law entrance and judiciary examinations. With adaptive mock tests, precision analytics, and 24/7 personalized AI tutoring, we provide a comprehensive ecosystem for your entire legal career journey.

Test series on the goGoogle Play

Explore

  • Prepare for our exams
  • Bare Acts
  • Blog
  • Download resources

Company

  • About
  • Careers
  • Contact us

Legal

  • Privacy Policy
  • Terms of Service
  • Account deletion

Product

  • AI Tutor
  • Features
  • How it works

Law Entrances

  • CLAT
  • CLAT PG
  • AILET
  • SLAT
  • MH CET Law

Judiciary

  • MPSC Civil Judge
  • Chhattisgarh Judiciary
  • OPSC Civil Judge
  • Gujarat Judiciary
  • Delhi Judicial Services
  • UP PCS-J
  • Rajasthan Judiciary Service

APO/ADPO

  • Bihar APO
  • Delhi APP
  • Haryana ADA
  • Madhya Pradesh ADPO
  • Rajasthan APO
  • Uttar Pradesh APO
  • Uttarakhand APO

Bare Acts

  • BNS
  • BNSS
  • BSA
  • IPC
  • CrPC
  • IEA
  • HMA
  • IDA
  • MVA

© 2026 Blingwork Technologies Pvt. Ltd. All rights reserved.

Offices: Hyderabad & Jodhpur

LawpatraLawpatra
CrPC, 1973
Start Practicing
CrPCChapter XXXIISection 415
Section415

Postponement of execution of sentence of death in case of appeal to Supreme Court

AI Assist

Summary

When the High Court sentences a person to death and an appeal to the Supreme Court lies or is being pursued, the High Court must postpone execution. The postponement continues until the time for filing the appeal expires, or until any appeal, certificate application, or special leave petition is disposed of. If the person intends to seek special leave, the court may delay long enough for him to present the petition.

Example

Ravi is sentenced to death by the High Court and files an appeal to the Supreme Court within the allowed time. The High Court must postpone his execution until that appeal is disposed of.

Bare Act

Enacted text

(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 136of 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.

Keep going
Newsletter

Join the top 1% of law aspirants

Get weekly high-yield legal updates, landmark judgment breakdowns, and smart prep strategies sent straight to your inbox.

We never share your email.

Previous year papers

Pick your exam. we'll email the most recent paper.

Download previous year papers

For

We'll never share your email. Promise.

XXXII

Chapter XXXII

Execution, Suspension, Remission And Commutation Of Sentences

In this chapter

  • 413Execution of order passed under section 368
  • 414Execution of sentence of death passed by High Court
  • 415Postponement of execution of sentence of death in case of appeal to Supreme Court
  • 416Postponement of capital sentence on pregnant woman
  • 417Power to appoint place of imprisonment
  • 418Execution of sentence of imprisonment
  • 419Direction of warrant for execution
  • 420Warrant with whom to be lodged
  • 421Warrant for levy of fine
  • 422Effect of such warrant
  • 423Warrant for levy of fine issued by a Court in any territory to which this Code does not extend
  • 424Suspension of execution of sentence of imprisonment
  • 425Who may issue warrant
  • 426Sentence on escaped convict when to take effect
  • 427Sentence on offender already sentenced for another offence
  • 428Period of detention undergone by the accused to be set off against the sentence of imprisonment
  • 429Saving
  • 430Return of warrant on execution of sentence
  • 431Money ordered to be paid recoverable as a fine
  • 432Power to suspend or remit sentences
  • 433Power to commute sentence
  • 433ARestriction on powers of remission or commutation in certain cases
  • 434Concurrent power of Central Government in case of death sentences
  • 435State Government to act after consultation with Central Government in certain cases
Previous · Section 414Execution of sentence of death passed by High CourtNext · Section 416Postponement of capital sentence on pregnant woman