CrPC · Chapter XXVIII · Submission of death sentences for confirmation
CrPC section 366, “Sentence of death to be submitted by Court of Session for confirmation”, is now BNSS section 407 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.
Now BNSS section 407. A death sentence must be submitted to the High Court for confirmation forthwith.
Code of Criminal Procedure, 1973
(1) When the Court of Session passes a sentence of death, the proceedings shall 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.
Bharatiya Nagarik Suraksha Sanhita, 2023
(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.
The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.
The BNSS repealed the CrPC from 1 July 2024 (section 531(1)). Any appeal, application, trial, inquiry or investigation pending immediately before that date is disposed of under the CrPC as it then stood, as if the BNSS had not come into force (section 531(2)(a)). Anything not pending on that date follows the BNSS.
