(1) A High Court may pass any sentence authorised by law. (2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.
Bharatiya Nagarik Suraksha Sanhita
Section 22
Sentences which High Courts and Sessions Judges may pass
Englishहिंदी
⚡ Quick Answer Reference: Section 22 BNSS
- Provision: Section 22 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: POWER OF COURTS
- Jurisdiction: India
- Summary: This section explains the power of High Courts and Sessions Judges to pass sentences. A High Court can pass any sentence allowed by law. A Sessions Judge or Additional Sessions Judge can also pass any sentence allowed by law, but a death sentence must be confirmed by the High Court.
Statutory Content
What does Section 22 of BNSS say?
Indian StandardSection 22, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 22 (India)
Court Pleading StandardSection 22 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/22
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✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 22 of BNSS mean?
Plain English Explanation
This section explains the power of High Courts and Sessions Judges to pass sentences. A High Court can pass any sentence allowed by law. A Sessions Judge or Additional Sessions Judge can also pass any sentence allowed by law, but a death sentence must be confirmed by the High Court.
Practical Interpretation
In practice, this section means that High Courts and Sessions Judges have the authority to impose sentences as long as they are within the limits set by law. For death sentences, however, the Sessions Judge or Additional Sessions Judge must get confirmation from the High Court.
Core Legal Purpose
The core purpose of this section is to clarify the sentencing powers of High Courts and Sessions Judges, ensuring that they operate within the bounds of the law and that death sentences are subject to review and confirmation by the High Court.
Key Legal Elements
- •A High Court may pass any sentence authorised by law.
- •A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law.
- •Any sentence of death passed by a Sessions Judge or Additional Sessions Judge must be subject to confirmation by the High Court.
- •The sentence must be authorised by law.
Practical Example
Practical Example of Section 22 BNSS
Rajesh, a Sessions Judge, is trying a case against Amit for a serious crime. Rajesh decides to pass a death sentence on Amit. However, before Amit can be executed, Rajesh must send the sentence to the High Court for confirmation. The High Court will review the case and decide whether to confirm the death sentence or commute it to a lesser punishment.
Common Questions (FAQ)
Frequently Asked Questions about Section 22 BNSS
Q: What is the punishment or consequence under Section 22 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It outlines the powers of High Courts and Sessions Judges to pass sentences, but it does not specify the punishment or consequence for a particular offence.
Q: Does this section apply to private individuals or public entities?
This section applies to High Courts and Sessions Judges, which are public entities. It does not directly apply to private individuals, but it may have implications for them in certain cases.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to the classification of offences as bailable or cognizable. It deals with the powers of High Courts and Sessions Judges to pass sentences, not with the characteristics of offences.
People Also Ask (PAA)
Common Questions about Section 22 BNSS
What is Section 22 of BNSS?
Section 22 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Sentences which High Courts and Sessions Judges may pass". In plain terms: This section explains the power of High Courts and Sessions Judges to pass sentences. A High Court can pass any sentence allowed by law. A Sessions Judge or Additional Sessions Judge can also pass any sentence allowed by law, but a death sentence must be confirmed by the High Court.
What is the punishment under Section 22 of BNSS?
Section 22 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 22 of BNSS bailable or non-bailable?
Whether Section 22 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 22 of BNSS?
The essential elements of Section 22 of BNSS are: A High Court may pass any sentence authorised by law.; A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law.; Any sentence of death passed by a Sessions Judge or Additional Sessions Judge must be subject to confirmation by the High Court..
Landmark Case Laws
Landmark Judgments under Section 22 BNSS
Patnahcucisdb94 High Court (10 8)
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