Bharatiya Nagarik Suraksha Sanhita, 2023
Section 409
Power of High Court to confirm sentence or annul conviction
In any case submitted under section 407, the High Court—
(a) may confirm the sentence, or pass any other sentence warranted by law; or
(b) may annul the conviction, and convict the accused of any offence of which the Court of Session might have convicted him, or order a new trial on the same or an amended charge; or
(c) may acquit the accused person: Provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of.
Why this exists
This section spells out the full range of choices available to the High Court when it reviews a death sentence, ensuring that confirmation is not a binary yes/no exercise but a genuine re-examination that can lead to acquittal, a different sentence, or even a fresh trial if the High Court has doubts. The proviso protecting the appeal window ensures the accused's right to appeal isn't undercut by a premature confirmation. It continues section 368 of the CrPC, 1973.
Common misconceptions
- Myth: The High Court can only confirm or reject a death sentence.
Fact: The High Court has broader powers -- it can also convict for a lesser offence, order a retrial, or acquit the accused entirely.