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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXX: Submission Of Death Sentences For Confirmation

Section 407 BNSS: Sentence of death to be submitted by Court of Session for confirmation

Corresponding CrPC
Section 366 CrPC

Bare Act text

(1) When the Court of Session passes a sentence of death, the proceedings shall forthwith be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court.

(2) The Court passing the sentence shall commit the convicted person to jail custody under a warrant.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

When a Court of Session passes a death sentence, the proceedings are submitted to the High Court at once and the sentence cannot be executed unless the High Court confirms it. The Court passing the sentence commits the convict to jail custody under a warrant.

Chapter XXX: Submission Of Death Sentences For Confirmation

  1. 407 Sentence of death to be submitted by Court of Session for confirmation
  2. 408 Power to direct further inquiry to be made or additional evidence to be taken
  3. 409 Power of High Court to confirm sentence or annul conviction
  4. 410 Confirmation or new sentence to be signed by two Judges
  5. 411 Procedure in case of difference of opinion
  6. 412 Procedure in cases submitted to High Court for confirmation