Section 407 BNSS: Sentence of death to be submitted by Court of Session for confirmation (Formerly Section 366 CrPC)

Section 407 of Bharatiya Nagarik Suraksha Sanhita, 2023: Sentence of death to be submitted by Court of Session for confirmation

Official Bare Act Text

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

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 407

Section 407 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 366 of the CrPC, 1973) mandates that 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 confirmed by the High Court.

Mandatory Submission for Confirmation: When the Court of Session passes a sentence of death, the proceedings shall be submitted to the High Court forthwith.
Absolute Stay on Execution: The sentence shall not be executed unless and until it is confirmed by the High Court.
Capital Sentence Safeguard: Ensures that the ultimate, irrevocable penalty of death is subjected to mandatory scrutiny by at least two High Court Judges.

Key Landmark Precedents:

Bachan Singh v. State of Punjab, (1980) 2 SCC 684: The Constitution Bench established that confirmation proceedings under Section 366 CrPC (Section 407 BNSS) are a mandatory constitutional and statutory buffer ensuring capital sentences satisfy the 'rarest of rare' doctrine.
Shabnam v. State of U.P., (2015) 6 SCC 702: Held that no death warrant can be issued until all confirmation proceedings, statutory appeals, review petitions, and mercy petitions have reached finality.

Courtroom Practice & Strategic Litigation Guidance:

In capital cases, the reference for confirmation under Section 407 proceeds automatically; file the criminal appeal alongside the reference so that both are heard together before the Division Bench.