Bharatiya Nagarik Suraksha Sanhita, 2023
Section 407
Sentence of death to be submitted by Court of Session for confirmation
(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.
Why this exists
Because death is an irreversible punishment, the law builds in a mandatory second layer of judicial scrutiny before execution can happen. No trial court, however senior, can have the final word on a death sentence -- the High Court must independently examine and confirm it. This mandatory confirmation process reflects the exceptional seriousness the legal system attaches to capital punishment, and continues section 366 of the CrPC, 1973.
Common misconceptions
- Myth: A death sentence from a trial court can be carried out immediately.
Fact: A death sentence can never be executed until the High Court has independently reviewed and confirmed it.