Section 22 BNSS: Sentences which High Courts and Sessions Judges may pass (Formerly Section 28 CrPC)

Section 22 of Bharatiya Nagarik Suraksha Sanhita, 2023: Sentences which High Courts and Sessions Judges may pass

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) A High Court may pass any sentence authorised by law.

(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.

Legal Commentary & Landmark Judgments: Section 22

Section 22 defines the sentences which High Courts and Sessions Judges may lawfully pass, establishing the statutory limits of sovereign sentencing power.

High Court Sentencing Power: A High Court may pass any sentence authorised by law.
Sessions Judge & Additional Sessions Judge: May pass any sentence authorised by law; but any sentence of death passed by such judge shall be subject to confirmation by the High Court under Section 407 BNSS.
Omission of Assistant Sessions Judge: The BNSS eliminates the intermediate post of Assistant Sessions Judge, standardizing the sessions trial tier.

Key Landmark Precedents:

Bachan Singh v. State of Punjab (1980) 2 SCC 684: The Constitution Bench settled the 'rarest of rare cases' doctrine for capital sentencing, affirming that the statutory confirmation mechanism guarantees comprehensive appellate scrutiny.
Santosh Kumar Satishbhushan Bariyar v. State of Maharashtra (2009) 6 SCC 498: Reiterated that capital sentences passed by Sessions Courts remain inchoate until confirmed by a Division Bench of the High Court.

Courtroom Practice & Strategic Litigation Guidance:

Whenever a Sessions Judge imposes capital punishment, execution is automatically stayed. The court must submit the proceedings to the High Court under Section 407 BNSS, giving the convict a statutory right to re-argue entire evidence.