Section 22

This provision continues a long-standing scheme (earlier found in Section 28 of the Code of Criminal Procedure, 1973) that sets out sentencing powers based on the seniority and structure of criminal courts. The death penalty safeguard reflects the idea, developed through Indian legal history, that the taking of a life is irreversible, so a second, senior judicial body—the High Court—must independently examine and approve the trial court's decision before execution.

Courts have long treated the confirmation requirement for death sentences (linked to the confirmation proceedings, previously under Sections 366-371 CrPC and now under corresponding BNSS provisions) as a mandatory safeguard, not a formality. Judgments such as Bachan Singh v. State of Punjab (1980) and later case law emphasize that death sentences must pass the 'rarest of rare' test, and the confirmation process by the High Court is where this heightened scrutiny is applied, ensuring independent judicial review before any execution.

• Myth: A Sessions Judge's death sentence takes effect immediately after the verdict.
  Fact: A death sentence from a Sessions Judge is not final until the High Court reviews the case and formally confirms it.
• Myth: Only the High Court can ever impose serious punishments.
  Fact: Sessions Judges and Additional Sessions Judges can also pass any sentence authorized by law, including life imprisonment or death—only the death sentence needs High Court confirmation.