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Criminal Procedure | Death Sentence Confirmation

Section 369 CrPC: Confirmation or New Sentence to Be Signed by Two Judges

Section 369 of the Code of Criminal Procedure, 1973 requires at least two High Court judges to make, pass and sign the confirmation of a death sentence or any new sentence or order in a case submitted for confirmation, where the High Court consists of two or more judges. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 410 BNSS.

Current law: The BNSS came into force on 1 July 2024. Section 410 retains the rule found in Section 369 CrPC. Earlier pending proceedings may continue under the CrPC in accordance with the saving provisions of Section 531 BNSS.

Text of Section 369 CrPC

369. 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.

Section 410 BNSS, 2023: Corresponding Provision

Section 410 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is titled "Confirmation or new sentence to be signed by two Judges". It reproduces the substantive requirement of the former Section 369 CrPC: in a death-sentence confirmation case submitted to the High Court, the confirmation, new sentence or other order must be made, passed and signed by at least two judges where the High Court has two or more judges.

Read the statutory text in the official BNSS publication hosted by the Bureau of Police Research and Development, and the Gazette of India publication.

Meaning and Legal Effect

1. A safeguard in death sentence confirmation cases

Where a Court of Session imposes a death sentence, the case must be submitted to the High Court for confirmation. The sentence cannot be executed merely because the Sessions Court has pronounced it. The confirmation process is governed by Section 366 CrPC and its successor, Section 407 BNSS.

2. At least two judges must make and sign the order

The rule is not satisfied merely by obtaining two signatures on an order made by one judge. The statutory language requires the confirmation, new sentence or order to be made, passed and signed by at least two judges, where the High Court consists of two or more judges.

3. The requirement covers more than confirmation

Section 369 CrPC and Section 410 BNSS apply not only when the High Court confirms the death sentence, but also when it passes a new sentence or another order in the submitted confirmation proceedings. The High Court's possible orders are described in Section 368 CrPC and Section 409 BNSS.

4. Difference of opinion

Where the judges hearing a submitted case are equally divided, the procedure for resolving the difference is separately addressed by Section 370 CrPC and Section 411 BNSS.

How the Confirmation Process Fits Together

  1. The Court of Session submits the death-sentence proceedings to the High Court for confirmation under Section 407 BNSS (formerly Section 366 CrPC).
  2. The High Court may require further inquiry or additional evidence under Section 408 BNSS (formerly Section 367 CrPC).
  3. The High Court exercises its powers to confirm, alter or otherwise dispose of the case under Section 409 BNSS (formerly Section 368 CrPC).
  4. Under Section 410 BNSS, the resulting confirmation, new sentence or order must be made, passed and signed by at least two judges where the High Court consists of two or more judges.

Frequently Asked Questions

Which BNSS section corresponds to Section 369 CrPC?

Section 410 BNSS corresponds to Section 369 CrPC and retains the requirement of at least two judges for the relevant High Court order.

Does Section 369 CrPC require two judges for every criminal judgment?

No. It specifically concerns cases submitted to the High Court for confirmation of a death sentence, not every criminal judgment or appeal.

Can a Sessions Court execute a death sentence without High Court confirmation?

No. The death sentence must be confirmed by the High Court under the applicable criminal procedure law before execution.

Does Section 410 BNSS change the two-judge rule?

No material change was made to the wording of this particular requirement.

Official Legal Sources

Updated: 18 October 2026. This article provides general statutory information. The applicable procedure in a particular case depends on the date and procedural status of the proceedings and relevant court orders.