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Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXXIV: Execution, Suspension, Remission and Commutation of Sentences · B.—Imprisonment

Section 458: Execution of sentence of imprisonment

Earlier law: CrPC section 418 (Execution of sentence of imprisonment)

In plain words

When someone is sentenced to imprisonment for life or a term (other than death sentence cases), the court must immediately send a warrant to the jail, and send the person there if not already. For imprisonment until the court rises, no warrant is needed.

  • If the accused was absent when sentenced, an arrest warrant issues, and the sentence starts on the date of arrest.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

(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.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 458

No Supreme Court judgment in our database cites this section yet.