Section 410 BNSS: Confirmation or New Sentence to Be Signed by Two Judges
Section 410 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the manner in which the High Court must make, pass and sign an order confirming a sentence, imposing a new sentence, or passing another order in a case submitted to it for confirmation of a death sentence.
Text of Section 410 BNSS
410. Confirmation or new sentence to be signed by two Judges. In every case so submitted, the confirmation of the sentence, or any new sentence or order passed by the High Court, shall, when such Court consists of two or more Judges, be made, passed and signed by at least two of them.
Meaning and Scope of Section 410
Section 410 forms part of the BNSS procedure governing cases in which a sentence of death passed by a Court of Session is submitted to the High Court for confirmation. The phrase "in every case so submitted" refers to a case submitted to the High Court under the preceding provisions dealing with confirmation of a death sentence.
Where the High Court consists of two or more Judges, the provision requires that the confirmation of the sentence, any new sentence, or any other order made by the High Court in such a submitted case must be made, passed and signed by at least two Judges. The requirement is therefore directed to the judicial composition and authentication of the High Court's decision in this category of case.
How Section 410 Fits Within the BNSS
| Section 407 | Requires a death sentence passed by the Court of Session to be submitted to the High Court for confirmation. |
|---|---|
| Section 408 | Empowers the High Court to direct further inquiry or the taking of additional evidence. |
| Section 409 | Deals with the High Court's power to confirm the sentence, pass another sentence, annul the conviction, convict for another offence, order a new trial, or acquit, as permitted by law. |
| Section 410 | Requires the High Court's confirmation, new sentence or order to be made, passed and signed by at least two Judges where the Court consists of two or more Judges. |
| Section 411 | Provides the procedure where the Judges hearing the matter are equally divided in opinion. |
| Section 412 | Deals with transmission of the High Court's order to the Court of Session after the confirmation proceeding is decided. |
Key Requirements Under Section 410
The provision contains three important requirements. First, it applies to a case submitted to the High Court in the statutory death-sentence confirmation process. Second, it covers not only confirmation of the sentence but also a new sentence or another order passed by the High Court. Third, where the High Court consists of two or more Judges, the relevant decision must be made, passed and signed by at least two Judges.
Corresponding Provision Under the Code of Criminal Procedure, 1973
Section 410 BNSS substantially carries forward the subject matter of Section 369 of the Code of Criminal Procedure, 1973, which also required confirmation or a new sentence in such submitted cases to be signed by two Judges. The BNSS reorganises the provisions under the chapter dealing with submission of death sentences for confirmation.
Why Section 410 Is Important
A death-sentence confirmation proceeding involves the High Court's independent judicial scrutiny of the conviction and sentence. Section 410 adds a specific statutory safeguard concerning the number of Judges who must formally make, pass and sign the High Court's decision when the Court consists of two or more Judges.
Related BNSS Sections
- Section 401 - Order to release on probation of good conduct or after admonition
- Section 402 - Special reasons to be recorded in certain cases
- Section 403 - Court not to alter judgment
- Section 404 - Copy of judgment to be given to accused and other persons
- Section 405 - Judgment when to be translated
- Section 406 - Court of Session to send copy of finding and sentence to District Magistrate
- Section 407 - Sentence of death to be submitted by Court of Session for confirmation
- Section 408 - Power to direct further inquiry or additional evidence
- Section 409 - Power of High Court to confirm sentence or annul conviction
- Section 410 - Confirmation or new sentence to be signed by two Judges
Frequently Asked Questions
What does Section 410 BNSS provide?
It provides that in a case submitted to the High Court for confirmation, the confirmation of the sentence, any new sentence, or other order of the High Court must, where the Court consists of two or more Judges, be made, passed and signed by at least two Judges.
Does Section 410 itself create the death-sentence confirmation requirement?
No. The submission of a death sentence by the Court of Session for confirmation is dealt with by Section 407 BNSS. Section 410 regulates how the High Court's resulting confirmation, new sentence or order must be made and signed.
Which CrPC provision corresponds to Section 410 BNSS?
Section 410 BNSS corresponds to Section 369 of the Code of Criminal Procedure, 1973.
When did the BNSS come into force?
The Bharatiya Nagarik Suraksha Sanhita, 2023 generally came into force on 1 July 2024 pursuant to the Central Government notification dated 23 February 2024.
Legal information note: This article is intended for general legal information and statutory reference. For a particular case, the applicable statute, notifications, High Court rules, binding judgments and case-specific procedural history should be examined.