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CrPC Section 371: Procedure in Cases Submitted to High Court for Confirmation

Section 371 of the Code of Criminal Procedure, 1973 prescribed how the High Court must communicate its order to the Court of Session after considering a death sentence submitted for confirmation. The corresponding current provision is Section 412 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Current legal position: The BNSS came into force on 1 July 2024 and repealed the CrPC, subject to savings and transitional provisions under BNSS Section 531. Section 412 now governs this communication procedure in cases to which the BNSS applies.

Text of Section 371, Code of Criminal Procedure, 1973

In cases submitted by the Court of Session to the High Court for the confirmation of a sentence of death, the proper officer of the High Court shall, without delay, after the order of confirmation or other order has been made by the High Court, send a copy of the order, under the seal of the High Court and attested with his official signature, to the Court of Session.

Meaning and Explanation of Section 371 CrPC

A death sentence imposed by a Court of Session does not become executable merely because the Sessions Court pronounces it. The case must be submitted to the High Court for confirmation. After the High Court passes its order, Section 371 requires the proper officer of that Court to communicate an authenticated copy to the originating Court of Session without delay.

Key legal terms

  • Court of Session: The criminal court that submits a death sentence for mandatory High Court confirmation.
  • Confirmation: The High Court's judicial approval of a death sentence after examining the submitted case; the High Court may instead make another order permitted by law.
  • Proper officer: The authorised High Court official responsible for sending the authenticated order.
  • Attestation and seal: The official signature and High Court seal authenticate the copy transmitted to the Sessions Court.
  • Without delay: The statutory requirement to dispatch the order promptly after the High Court has made its decision; the provision does not prescribe a fixed number of days.

Current Law: Section 412 of the BNSS, 2023

Section 412 of the BNSS retains the substance of former Section 371 CrPC but expressly permits transmission either physically or through electronic means.

In cases submitted by the Court of Session to the High Court for the confirmation of a sentence of death, the proper officer of the High Court shall, without delay, after the order of confirmation or other order has been made by the High Court, send either physically, or through electronic means, a copy of the order, under the seal of the High Court and attested with his official signature, to the Court of Session.

The permission to use electronic means does not dispense with the statutory requirements concerning the Court's seal and the official's attestation.

How the Confirmation Procedure Works

  1. Sessions Court pronounces sentence: Where a death sentence is passed, the case is submitted for High Court confirmation under BNSS Section 407 (formerly CrPC Section 366).
  2. High Court considers the case: The High Court exercises its statutory powers, including those under BNSS Sections 408 and 409 (formerly CrPC Sections 367 and 368).
  3. High Court makes its order: It may confirm the sentence or pass another order authorised by law, subject to the applicable safeguards.
  4. Authenticated copy is transmitted: Under BNSS Section 412, the proper officer sends the sealed and attested order promptly to the Sessions Court, physically or electronically.
  5. Sessions Court receives the decision: The Court of Session proceeds in accordance with the High Court's order and other applicable legal requirements.
  • BNSS Section 407 / CrPC Section 366: Submission of a death sentence to the High Court for confirmation.
  • BNSS Section 408 / CrPC Section 367: Power to direct further inquiry or take additional evidence.
  • BNSS Section 409 / CrPC Section 368: Power of the High Court to confirm the sentence, make another lawful order or annul the conviction.
  • BNSS Section 410 / CrPC Section 369: Requirement concerning signature by two judges where applicable.
  • BNSS Section 411 / CrPC Section 370: Procedure in case of a difference of opinion.
  • BNSS Section 531: Repeal and savings, relevant to pending proceedings when the BNSS commenced.

Frequently Asked Questions

What is the corresponding BNSS section for CrPC Section 371?

It is BNSS Section 412, dealing with communication of the High Court's order to the Court of Session in death sentence confirmation cases.

Can a death sentence passed by the Sessions Court be carried out without High Court confirmation?

No. A death sentence passed by the Court of Session is subject to mandatory confirmation by the High Court under the applicable criminal procedure law.

What changed under BNSS Section 412?

The new provision expressly allows the authenticated order to be transmitted physically or through electronic means.

Does CrPC Section 371 still apply to older cases?

Its application to a particular pending matter depends on the repeal and savings provision in BNSS Section 531 and the procedural history of that case.

Official Legal References

For the authoritative statutory text, consult the India Code official legislation portal and the Bureau of Police Research and Development BNSS reference PDF. Refer to the applicable commencement notifications and amendments when dealing with a specific proceeding.

Updated: 18 October 2026. This article is for general legal information and does not substitute for advice on a particular case.