Code: Section 409 BNSS
High Court’s Powers in Conviction Cases
409.
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.
Explanation of Section 409 BNSS
Section 409 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) grants the High Court certain powers over a case that has been submitted to it under Section 407. The High Court may:
- Confirm the Sentence: If the court is satisfied with the lower court’s ruling, it may confirm the sentence.
- Annul the Conviction: The High Court may annul the conviction and convict the accused of a different offence, if the case warrants it. This can also include ordering a new trial with a modified charge.
- Acquit the Accused: If the case does not warrant conviction, the High Court may choose to acquit the accused.
However, an important condition applies: No confirmation order can be made until the period for filing an appeal has expired or until any appeal filed has been resolved.
Illustration
Example 1: Confirmation of Sentence
A case is submitted to the High Court under Section 407. After reviewing the facts, the High Court confirms the original sentence as the law warrants it.
Example 2: Annulment and Conviction of New Offence
An individual is convicted under a specific charge, but the High Court finds that the case is more suited to another charge. The High Court annuls the original conviction and convicts the person under the new charge, ordering a new trial if necessary.
Example 3: Acquittal by High Court
Upon reviewing a case submitted under Section 407, the High Court may conclude that there is not enough evidence to support the conviction and acquits the accused.
Common Questions and Answers on Section 409 BNSS
1. What powers does the High Court have under Section 409 of the BNSS?
- Answer: The High Court can confirm the sentence, annul the conviction and convict the accused of a different offence, or acquit the accused.
2. Can the High Court annul a conviction and impose a different sentence?
- Answer: Yes, under Section 409, the High Court has the authority to annul a conviction and impose a new sentence if the facts of the case warrant such a change.
3. Is there any condition on confirming a sentence under Section 409?
- Answer: Yes, confirmation cannot occur until the period for filing an appeal has expired or any appeal filed is disposed of.
Conclusion
Section 409 of the BNSS ensures that the High Court has the power to review and make important decisions regarding convictions, including confirming sentences, annulling convictions, or even acquitting the accused. It provides a safeguard that no confirmation order is made until the right to appeal is respected, ensuring a fair process for the accused.
