Section 410 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides an important procedural safeguard in cases involving confirmation proceedings before the High Court. Where the High Court confirms a sentence of death or passes a new sentence under the relevant provisions, the order must be signed by at least two Judges of the High Court.
The requirement ensures collective judicial consideration in matters involving the most serious criminal punishment and strengthens the procedural safeguards applicable to such cases.
Meaning of Section 410
Section 410 requires that an order confirming a sentence of death or imposing a new sentence in confirmation proceedings must bear the signatures of at least two Judges of the High Court.
The provision applies to orders passed by the High Court in proceedings concerning a sentence of death.
Statutory Basis
Section 410 of the BNSS, 2023
Section 410 provides that an order confirming a sentence of death or passing a new sentence must be signed by at least two Judges of the High Court.
The provision substantially corresponds to Section 369 of the Code of Criminal Procedure, 1973.
Object and Purpose
The object of Section 410 is to ensure an enhanced level of judicial scrutiny where the High Court confirms a sentence of death or passes a new sentence in such proceedings.
The requirement of signatures of at least two Judges serves to:
- Ensure collective judicial responsibility;
- Provide an additional procedural safeguard;
- Reflect the seriousness of confirmation proceedings;
- Reduce the possibility of an individual judicial error in matters involving the gravest punishment; and
- Ensure that the final order represents the decision of the required judicial strength.
Essential Requirement
Signature of at Least Two Judges
The central requirement of Section 410 is that an order confirming a sentence of death or passing a new sentence must be signed by at least two Judges of the High Court.
This is a statutory requirement connected with the special procedure governing death sentence confirmation proceedings.
The requirement does not mean that every criminal appeal before the High Court must be decided and signed by two Judges. It applies within the statutory context covered by Section 410.
Procedure
The general process is as follows:
- A Court of Session passes a sentence of death.
- The case comes before the High Court in accordance with the provisions governing confirmation proceedings.
- The High Court examines the conviction and sentence.
- The High Court may exercise its powers under Section 409.
- Where the High Court confirms the sentence of death or passes a new sentence, the order must be signed by at least two Judges as required by Section 410.
Nature of the Provision
Section 410 is procedural in nature. It prescribes the manner in which an order of the High Court must be authenticated in the specified confirmation proceedings.
The provision is part of the statutory safeguards governing cases involving a sentence of death. Its focus is on ensuring that the relevant final order carries the signatures of the required number of Judges.
Scope of Section 410
Section 410 applies specifically to:
- An order confirming a sentence of death; and
- An order passing a new sentence in the relevant confirmation proceedings.
The provision operates in connection with the powers exercised by the High Court under Section 409.
Relationship Between Sections 409 and 410
Section 409 deals with the substantive powers available to the High Court during confirmation proceedings. The High Court may confirm the sentence, pass another sentence warranted by law, alter the conviction in the manner permitted by law, or annul the conviction and pass an appropriate order.
Section 410 deals with the signing requirement for an order confirming a sentence of death or passing a new sentence.
Thus, Section 409 identifies the relevant powers of the High Court, while Section 410 imposes a procedural requirement concerning the authentication of specified orders passed in the exercise of those powers.
Important Distinction
Decision of the High Court and Signing of the Order
The judicial decision concerns the conclusion reached by the High Court after considering the case.
Section 410 specifically addresses the statutory requirement that an order confirming a sentence of death or passing a new sentence must be signed by at least two Judges.
The signing requirement therefore forms part of the statutory procedure applicable to the relevant final order.
Confirmation Proceedings and Ordinary Criminal Appeals
Confirmation proceedings relating to a sentence of death are governed by a special statutory framework.
An ordinary criminal appeal may involve a challenge to a conviction, acquittal or sentence under the provisions governing appeals.
Section 410 is specifically connected with the confirmation procedure and does not impose a general requirement that every criminal appellate order must be signed by at least two Judges.
BNSS and CrPC
Section 410 of the BNSS, 2023 substantially corresponds to Section 369 of the Code of Criminal Procedure, 1973.
The basic procedural safeguard has been continued. In the specified circumstances, an order confirming a sentence of death or passing a new sentence must be signed by at least two Judges of the High Court.
Constitutional Connection
Section 410 supports the broader principles of fairness and procedural safeguards under Article 21 of the Constitution of India.
In cases involving a sentence of death, the criminal justice system provides additional statutory scrutiny because of the exceptional seriousness and irreversible nature of the punishment. The requirement of participation and authentication by the prescribed judicial strength forms part of this procedural protection.
Example
A Court of Session convicts an accused and imposes a sentence of death. The case is considered by the High Court in confirmation proceedings.
After examining the case, the High Court decides either to confirm the sentence of death or to impose another sentence permitted by law. In such a situation, the relevant order must be signed by at least two Judges of the High Court in accordance with Section 410.
Topic at a Glance
- Topic: Confirmation or new sentence to be signed by two Judges
- BNSS Provision: Section 410
- Corresponding CrPC Provision: Section 369
- Authority: High Court
- Context: Confirmation proceedings relating to a sentence of death
- Main Requirement: The relevant order must be signed by at least two Judges
- Purpose: To ensure collective judicial scrutiny and procedural safeguards
- Related Provision: Section 409 of the BNSS
Quick Revision
- Section 410 applies to specified orders passed by the High Court in death sentence confirmation proceedings.
- An order confirming a sentence of death must be signed by at least two Judges.
- An order passing a new sentence in the relevant proceedings must also be signed by at least two Judges.
- The provision is procedural in nature.
- It is connected with the powers of the High Court under Section 409.
- Section 410 does not mean that every criminal appeal must be decided or signed by two Judges.
- The corresponding provision under the CrPC, 1973 was Section 369.
- The requirement provides an additional procedural safeguard in proceedings involving the gravest criminal punishment.
ALSO READ: Section 409 – Power of High Court to confirm sentence or annul conviction
Conclusion
Section 410 of the BNSS, 2023 strengthens the procedural safeguards applicable to confirmation proceedings involving a sentence of death. By requiring an order confirming the sentence or passing a new sentence to be signed by at least two Judges of the High Court, the provision ensures collective judicial responsibility and careful procedural scrutiny in matters of exceptional seriousness.
