Indian criminal procedure | Updated 18 October 2026

Section 366 CrPC and Section 407 BNSS: High Court Confirmation of Death Sentence

A death sentence imposed by a Court of Session cannot be executed merely because the trial court has pronounced it. The proceedings must be referred to the High Court for confirmation, and the convicted person must be committed to jail custody under a warrant.

Current law: Section 407 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), effective from 1 July 2024, corresponds to Section 366 of the Code of Criminal Procedure, 1973 (CrPC). Section 531 BNSS contains savings for certain pending proceedings; the applicable procedural law must be determined in the context of the particular case.

Section 366 CrPC, 1973 - Original provision

Sentence of death to be submitted by Court of Session for confirmation

Sub-section (1): When the Court of Session passes a sentence of death, the proceedings shall be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court.

Sub-section (2): The Court passing the sentence shall commit the convicted person to jail custody under a warrant.

Section 407 BNSS, 2023 - Current corresponding provision

Sentence of death to be submitted by Court of Session for confirmation

Sub-section (1): When the Court of Session passes a sentence of death, the proceedings shall forthwith be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court.

Sub-section (2): The Court passing the sentence shall commit the convicted person to jail custody under a warrant.

Meaning and legal effect

1. Mandatory reference to the High Court

The Court of Session must submit the proceedings for confirmation. This is a statutory safeguard and is not dependent on the convicted person's decision to file an appeal. Under Section 407 BNSS, the submission must be made forthwith, meaning without avoidable delay.

2. Execution is prohibited without confirmation

The death sentence cannot be carried out unless the High Court confirms it. High Court confirmation is a necessary safeguard, not a substitute for any further appellate, review or other remedies available under law.

3. Custody under a warrant

Under sub-section (2), the sentencing court must commit the convicted person to jail custody under a warrant. The warrant governs custody pending the applicable legal process; it does not itself authorise execution of an unconfirmed death sentence.

High Court powers in confirmation proceedings

Section 408 BNSS (corresponding to Section 367 CrPC) empowers the High Court to direct further inquiry or additional evidence where necessary. Section 409 BNSS (corresponding to Section 368 CrPC) provides powers to confirm the sentence, impose another lawful sentence, annul the conviction, order a new trial in the circumstances provided, or acquit the accused. The statutory restrictions concerning the appeal period and disposal of an appeal also apply.

Related provisions include Section 410 BNSS (signing of confirmation or new sentence by two judges), Section 411 BNSS (difference of opinion), and Section 412 BNSS (procedure after confirmation proceedings).

Frequently asked questions

Is a Sessions Court death sentence immediately executable?

No. The High Court must confirm it under Section 407 BNSS or the applicable saved CrPC provision, and other applicable legal safeguards must be observed.

Is High Court confirmation required even if the convicted person does not appeal?

Yes. The reference for confirmation is mandatory and distinct from an appeal filed by the convicted person.

What is the principal wording change in the BNSS?

Section 407(1) expressly requires the proceedings to be submitted forthwith to the High Court. Section 366 CrPC required submission but did not use that word.

Does Section 366 CrPC remain relevant after 1 July 2024?

Yes, for understanding the earlier law and for proceedings to which the repeal-and-savings provisions of Section 531 BNSS apply. Whether a specific matter remains governed by CrPC requires examination of its procedural history.

Official legal sources

This article provides general legal information. The applicable statutory text, court rules and case-specific orders should be checked before relying on it in proceedings.