Section 407 of BNSS, 2023 — Sentence of Death to Be Submitted by Court of Session for Confirmation

Section 407 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that a sentence of death passed by a Court of Session cannot be executed unless it is confirmed by the High Court.

The provision establishes an important judicial safeguard in cases involving capital punishment. Whenever a Court of Session passes a sentence of death, the case must be submitted to the High Court for confirmation, and the sentence does not become executable unless and until the High Court confirms it in accordance with law.

Section 407 substantially corresponds to Section 366 of the Code of Criminal Procedure, 1973.

Meaning of Submission for Confirmation

A Court of Session may pass a sentence of death in an appropriate case. However, the sentence is not final for execution merely because it has been pronounced by the Court of Session.

Section 407 requires:

• the case to be submitted to the High Court for confirmation; and
• the sentence to remain incapable of execution unless the High Court confirms it.

Thus, the confirmation process provides an additional judicial examination before a death sentence can be carried out.

Statutory Basis

Section 407 of BNSS, 2023

Where a Court of Session passes a sentence of death, the proceedings must be submitted to the High Court for confirmation.

The sentence of death shall not be executed unless it is confirmed by the High Court.

The Court of Session must also commit the convicted person to jail custody under the warrant.

Object and Purpose

The primary purpose of Section 407 is to provide an additional safeguard before the execution of the most severe punishment available under criminal law.

The confirmation procedure ensures that:

• the High Court independently examines the case;
• the conviction and sentence receive additional judicial scrutiny;
• legal and procedural issues can be examined before execution; and
• a death sentence passed by a Court of Session does not become executable automatically.

The provision reflects the principle that capital punishment requires a higher degree of procedural and judicial scrutiny.

Essential Requirements

1. Sentence of Death Must Be Passed by a Court of Session

Section 407 applies when a Court of Session passes a sentence of death.

The statutory requirement is specifically connected with a death sentence passed at the Sessions Court level.

2. The Case Must Be Submitted to the High Court

The Court of Session is required to submit the proceedings to the High Court.

This is not dependent upon the convicted person’s decision to file an appeal. The submission for confirmation is a separate statutory process.

3. Confirmation by the High Court Is Necessary

A sentence of death cannot be executed unless the High Court confirms it.

The High Court’s confirmation is therefore a mandatory requirement before execution.

4. The Convicted Person Is Committed to Jail Custody

The Court of Session must commit the convicted person to jail custody under the appropriate warrant while the confirmation proceedings are pending.

Nature of the Provision

Section 407 is mandatory in nature. The Court of Session does not have discretion to treat High Court confirmation as optional where it has passed a sentence of death.

The provision is a procedural safeguard built into the criminal justice system.

It also creates an important distinction between:

• passing a sentence of death; and
• making that sentence executable.

The first occurs before the Court of Session. The second requires confirmation by the High Court.

Procedure Under Section 407

The broad procedure may be understood as follows:

1. The Court of Session conducts the trial.
2. The court records a conviction where the charge is proved.
3. The Court of Session passes a sentence of death.
4. The proceedings are submitted to the High Court for confirmation.
5. The convicted person is committed to jail custody under a warrant.
6. The High Court considers the case under the relevant confirmation provisions of BNSS.
7. The death sentence cannot be executed unless the High Court confirms it.

The High Court’s powers during the confirmation process are governed by the subsequent provisions dealing with confirmation of death sentences.

Relationship with Subsequent BNSS Provisions

Section 407 begins the statutory framework concerning confirmation of death sentences.

The subsequent provisions deal with matters such as:

• the power of the High Court to direct further inquiry or additional evidence;
• the powers available to the High Court when considering a case submitted for confirmation;
• the procedure for confirmation proceedings; and
• the consequences of confirmation or other orders passed by the High Court.

Therefore, Section 407 should be read together with the following provisions of the BNSS dealing with the confirmation of sentences of death.

Important Distinctions

Sentence of Death and Execution of Sentence

A Court of Session may pass a sentence of death, but Section 407 prevents its execution unless the High Court confirms the sentence.

Therefore, the passing of the sentence does not itself make the sentence executable.

Confirmation Proceedings and an Appeal

Confirmation proceedings arise automatically because of the statutory requirement under Section 407.

An appeal is ordinarily pursued through the appellate procedure provided by law.

The confirmation process is therefore distinct from an appeal, although the two may arise in connection with the same conviction and sentence.

Court of Session and High Court

The Court of Session passes the sentence and submits the proceedings.

The High Court performs the statutory confirmation function before a death sentence may be executed.

BNSS and CrPC

Section 407 of BNSS substantially corresponds to Section 366 of the Code of Criminal Procedure, 1973.

The central principle has been retained:

• every death sentence passed by a Court of Session requires submission to the High Court for confirmation; and
• the sentence cannot be executed unless confirmed by the High Court.

This continues the established safeguard of mandatory judicial scrutiny in capital punishment cases.

Constitutional Significance

Although Section 407 is a statutory procedural provision, it has significant implications for the protection of life and personal liberty.

A death sentence is irreversible once executed. The requirement of High Court confirmation therefore acts as an additional safeguard by ensuring that the decision is subject to further judicial examination before it can be carried out.

The provision must also be understood within the broader constitutional framework governing fair procedure and the protection of life and personal liberty.

Example

A Court of Session convicts an accused of an offence for which the court considers a sentence of death appropriate and passes a sentence of death.

The Court of Session cannot treat the sentence as immediately executable. It must submit the proceedings to the High Court for confirmation and commit the convicted person to jail custody under the appropriate warrant.

The sentence can be executed only if the High Court confirms it.

Common Confusions

Is a death sentence passed by a Court of Session immediately executable?

No.

Under Section 407, it cannot be executed unless it is confirmed by the High Court.

Must the convicted person file an appeal before the High Court examines the death sentence?

No.

The submission for confirmation is a statutory requirement and is separate from the ordinary appellate process.

Can the Court of Session bypass the confirmation process?

No.

Where a sentence of death is passed, submission to the High Court for confirmation is mandatory.

Does the High Court confirmation process provide an additional safeguard?

Yes.

The process ensures additional judicial scrutiny before a death sentence may be executed.

Topic at a Glance

• BNSS Section: Section 407.
• Subject: Sentence of death to be submitted by Court of Session for confirmation.
• Court passing sentence: Court of Session.
• Confirming authority: High Court.
• Main rule: A death sentence cannot be executed unless confirmed by the High Court.
• Nature: Mandatory procedural safeguard.
• Additional requirement: The convicted person is committed to jail custody under the appropriate warrant.
• Corresponding CrPC provision: Section 366.

Quick Revision

• Section 407 applies when a Court of Session passes a sentence of death.
• The proceedings must be submitted to the High Court for confirmation.
• The death sentence cannot be executed without High Court confirmation.
• The requirement is mandatory.
• The convicted person is committed to jail custody under a warrant.
• Confirmation proceedings are separate from an ordinary appeal.
• Section 407 provides an additional judicial safeguard in capital punishment cases.
• Section 407 substantially corresponds to Section 366 of the CrPC.

ALSO READ: Section 406 – Court of Session to send copy of finding and sentence to District Magistrate

Conclusion

Section 407 of the BNSS, 2023 ensures that a sentence of death passed by a Court of Session is subjected to mandatory examination by the High Court before it can be executed. By requiring submission and confirmation, the provision introduces an essential additional layer of judicial scrutiny in cases involving the ultimate criminal punishment.