(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. (2) The Court passing the sentence shall commit the convicted person to jail custody under a warrant.
Bharatiya Nagarik Suraksha Sanhita
Section 407
Sentence of death to be submitted by Court of Session for confirmation
Englishहिंदी
⚡ Quick Answer Reference: Section 407 BNSS
- Provision: Section 407 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
- Jurisdiction: India
- Summary: When a Court of Session gives a death sentence, the case must be sent to the High Court for confirmation. The sentence cannot be carried out until the High Court confirms it. The person convicted is sent to jail until the High Court makes a decision.
Statutory Content
What does Section 407 of BNSS say?
Indian StandardSection 407, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 407 (India)
Court Pleading StandardSection 407 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/407
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ 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 407 of BNSS mean?
Plain English Explanation
When a Court of Session gives a death sentence, the case must be sent to the High Court for confirmation. The sentence cannot be carried out until the High Court confirms it. The person convicted is sent to jail until the High Court makes a decision.
Practical Interpretation
In practice, this means that the Court of Session must immediately send the case to the High Court after passing a death sentence. The High Court will then review the case and confirm or reject the sentence. If the sentence is confirmed, the convicted person will be executed. If the sentence is rejected, the person will be released or given a different sentence.
Core Legal Purpose
The core purpose of this section is to ensure that death sentences are carefully reviewed and confirmed by the High Court before being carried out. This is to prevent miscarriages of justice and ensure that the sentence is fair and just.
Key Legal Elements
- •The Court of Session must pass a sentence of death.
- •The proceedings must be submitted to the High Court for confirmation.
- •The sentence cannot be executed unless it is confirmed by the High Court.
- •The convicted person must be committed to jail custody under a warrant.
Practical Example
Practical Example of Section 407 BNSS
Rajesh is convicted of a serious crime by the Court of Session. The Court passes a sentence of death. The proceedings are immediately sent to the High Court for confirmation. The High Court reviews the case and confirms the sentence. Rajesh is then executed. If the High Court had rejected the sentence, Rajesh would have been released or given a different sentence.
Common Questions (FAQ)
Frequently Asked Questions about Section 407 BNSS
Q: What is the punishment or consequence under Section 407 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The punishment or consequence is the execution of the death sentence, but this can only be carried out after confirmation by the High Court.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it deals with the procedure for confirming death sentences.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not deal with criminal classification. However, the offence that led to the death sentence may be bailable or cognizable, depending on the circumstances.
People Also Ask (PAA)
Common Questions about Section 407 BNSS
What is Section 407 of BNSS?
Section 407 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Sentence of death to be submitted by Court of Session for confirmation". In plain terms: When a Court of Session gives a death sentence, the case must be sent to the High Court for confirmation. The sentence cannot be carried out until the High Court confirms it. The person convicted is sent to jail until the High Court makes a decision.
What is the punishment under Section 407 of BNSS?
Section 407 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 407 of BNSS bailable or non-bailable?
Whether Section 407 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 407 of BNSS?
The essential elements of Section 407 of BNSS are: The Court of Session must pass a sentence of death.; The proceedings must be submitted to the High Court for confirmation.; The sentence cannot be executed unless it is confirmed by the High Court..
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