Section 410 BNSS: Confirmation or new sentence to be signed by two Judges (Formerly Section 369 CrPC)

Section 410 of Bharatiya Nagarik Suraksha Sanhita, 2023: Confirmation or new sentence to be signed by two Judges

Official Bare Act Text

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

In every case so submitted, the confirmation of the sentence, or any new sentence or order passed by the High Court, shall, when such Court consists of two or more Judges, be made, passed and signed by at least two of them.

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 410

Section 410 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 369 of the CrPC, 1973) mandates that in every case submitted for death confirmation, the confirmation or new sentence or other order passed by the High Court shall be signed by at least two Judges.

Division Bench Quorum Mandatory: In every case so submitted, the confirmation of the sentence, or any new sentence or order passed by the High Court, shall, when such Court consists of two or more Judges, be made, passed, and signed by at least two of them.
Protection Against Single Judge Determination: Ensures that life and death determinations are never left to a single judicial mind.
Judicial Authentication: Each Judge of the Division Bench must apply their mind independently and sign the confirmation order.

Key Landmark Precedents:

State of Maharashtra v. Kalu Shivram Kawale, (2000) 8 SCC 399: The Supreme Court affirmed that a death confirmation order signed by a single Judge is non-est and void ab initio, violating the strict statutory quorum requirement.
Bachan Singh v. State of Punjab, (1980) 2 SCC 684: Stressed that procedural safeguards in capital cases must be observed with scrupulous precision.

Courtroom Practice & Strategic Litigation Guidance:

Verify that certified copies of the confirmation judgment contain the formal signatures and endorsements of both Judges constituting the Division Bench.