Section 22 of the BNSS, 2023 (Sentences by HC and Sessions Judges)

Section 22 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 defines the sentencing powers of the senior judiciary. This section corresponds to Section 28 of the old CrPC.

The BNSS has introduced a high-impact change by entirely removing the post of Assistant Sessions Judge. This ensures a more streamlined and top-tier judicial process where grave offences are handled only by Judges with the highest level of experience. By focusing on the High Court and Sessions Judges, the BNSS makes the distribution of judicial power more visible and uniform across the country.

1. Sentencing Powers of the High Court (Sub-section 1)

The High Court remains the apex judicial authority within a state.

• Scope: A High Court may pass any sentence authorized by law.
• Limitless Authority: There is no statutory ceiling on the quantum of punishment a High Court can award, provided the punishment is prescribed for that specific offence under the Bharatiya Nyaya Sanhita (BNS) or any other special law.
• Inherent Power: As a constitutional court, its sentencing power is a proven safeguard for maintaining law and order at the state level.

Also Read: Territorial Divisions – Section 7 of the BNSS, 2023

2. Sentencing Powers of Sessions and Additional Sessions Judges (Sub-section 2)

Sessions Judges (SJ) and Additional Sessions Judges (ASJ) are the primary trial authorities for heinous crimes.

• The Rule: They can pass any sentence authorized by law, including Life Imprisonment and the Death Penalty.
• The Mandatory Safeguard: Any sentence of death passed by an SJ or ASJ is subject to confirmation by the High Court.
• Optimized Oversight: The sentence cannot be executed until the High Court re-examines the entire case record and confirms the verdict (under Chapter XXX of the BNSS, Sections 407–412). This is the best defense against judicial error in capital cases.

Also Read: Saving – Section 5 of the BNSS, 2023

3. The Deletion: Assistant Sessions Judges (Sub-section 3 of old CrPC)

One of the most top-tier administrative reforms in the BNSS is the abolition of the Assistant Sessions Judge.

• Old System (CrPC): Assistant Sessions Judges could only pass sentences up to 10 years and could not award death or life imprisonment.
• New System (BNSS): This middle-tier has been removed. Cases are now handled directly by the Sessions or Additional Sessions Judges.
• Why this change? It simplifies the hierarchy and ensures that “intermediate” serious crimes are not stuck in a separate jurisdictional layer, making the trial process more visible and direct.

Relevant Case Laws (2025–2026)

1. Nitesh Rastogi v. State of U.P. (Feb 2026)

This case has become a proven authority on the new administrative hierarchy of the BNSS.

• The Ruling: The Court clarified that while the BNSS has abolished the Assistant Sessions Judge, the transition of cases must be handled carefully. Any case that was mid-trial before an Assistant Sessions Judge prior to July 1, 2024, is typically transferred to an Additional Sessions Judge to ensure the best continuity of justice.

2. Vasanta Sampat Dupare v. Union of India (Supreme Court, Aug 2025)

A landmark ruling on the confirmation of death sentences relevant to Section 22(2).

• The Ruling: The Supreme Court held that death penalty sentencing hearings must follow strict procedural safeguards. Trial courts (Sessions Judges) must obtain mitigation reports (psychological evaluation and prison conduct) before passing the sentence.
• Significance: This elevates the “Confirmation” process in the High Court from a mere review of guilt to a deep dive into the rarest of rare doctrine.

3. State of Haryana v. [Convict] (High Court, Jan 2026)

• The Ruling: In this case, the High Court refused to confirm a death sentence passed by a Sessions Judge because the “Special Reasons” for awarding death were not sufficiently detailed. This reinforces that under Section 22(2), the High Court acts as a high-level filter to prevent arbitrary capital punishment.

Summary of Changes: BNSS vs. CrPC