Code: Section 407 BNSS
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.
Explanation of Section 407 BNSS
Section 407 of the Bharatiya Nyaya Sanhita, 2023 (BNSS) mandates that any death sentence awarded by a Court of Session must be reviewed and confirmed by the High Court before it can be executed. This provision ensures a higher level of judicial scrutiny, preventing any wrongful execution due to errors at the trial court level.
Key Provisions of Section 407 BNSS
- Mandatory Confirmation by High Court:
- Any death sentence given by the Court of Session cannot be carried out until the High Court reviews and confirms the sentence.
- Immediate Submission of Proceedings:
- The trial court must submit the complete case records, including evidence and reasoning, to the High Court without delay.
- Custody of the Convicted Person:
- The person sentenced to death must be committed to jail custody through a proper warrant until the High Court decides the matter.
- Judicial Safeguard Against Miscarriage of Justice:
- This provision ensures that capital punishment undergoes an appellate review, reinforcing legal safeguards and adherence to due process.
Illustration
Example 1: Death Sentence for Murder
A person is convicted of murder under Section 103 BNSS by the Court of Session and sentenced to death. As per Section 407 BNSS, the Court of Session submits the case to the High Court for confirmation. The execution of the death sentence is paused until the High Court upholds or modifies the judgment.
Example 2: High Court Overturning a Death Sentence
A trial court convicts an accused of a heinous crime and awards the death penalty. However, upon review, the High Court finds discrepancies in the evidence and overturns the death sentence, converting it into life imprisonment under Section 412 BNSS.
Common Questions and Answers on Section 407 BNSS
1. Why is High Court confirmation required for a death sentence?
The High Court’s confirmation serves as an additional judicial safeguard to prevent wrongful executions and ensures that the trial court’s decision aligns with legal principles and precedent.
2. What happens if the High Court does not confirm the death sentence?
If the High Court does not confirm the sentence, it may either commute it to a lesser punishment such as life imprisonment or order a retrial if procedural errors are found.
3. Is there an appeal process available after the High Court confirms a death sentence?
Yes. Even after High Court confirmation, the convict can appeal to the Supreme Court and later file a mercy petition before the President of India.
4. How long does the High Court take to confirm a death sentence?
There is no fixed time limit, but courts generally prioritize death sentence confirmations to ensure swift justice while maintaining due diligence.
5. Can the death sentence be commuted to life imprisonment?
Yes, if the High Court or Supreme Court finds mitigating factors or procedural lapses, it may commute the sentence to life imprisonment under Section 412 BNSS.
Conclusion
Section 407 BNSS ensures that the most severe form of punishment—capital punishment—undergoes a rigorous judicial review process. This provision upholds the principle of fairness in criminal justice by requiring the High Court to scrutinize every death sentence before execution. It acts as a safeguard against errors, protecting the fundamental rights of the accused.
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