In any case submitted under section 407, the High Court— (a) may confirm the sentence, or pass any other sentence warranted by law; or (b) may annul the conviction, and convict the accused of any offence of which the Court of Session might have convicted him, or order a new trial on the same or an amended charge; or (c) may acquit the accused person: Provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of.
Bharatiya Nagarik Suraksha Sanhita
Section 409
Power of High Court to confirm sentence or annul conviction
Englishहिंदी
⚡ Quick Answer Reference: Section 409 BNSS
- Provision: Section 409 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
- Jurisdiction: India
- Summary: This section allows the High Court to review a case where a lower court has made a decision. The High Court can either confirm the original sentence, change it to a different sentence that is allowed by law, or even cancel the conviction and charge the person with a different crime. The High Court can also order a new trial or acquit the person if they are found not guilty.
Statutory Content
What does Section 409 of BNSS say?
Indian StandardSection 409, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 409 (India)
Court Pleading StandardSection 409 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/409
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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 409 of BNSS mean?
Plain English Explanation
This section allows the High Court to review a case where a lower court has made a decision. The High Court can either confirm the original sentence, change it to a different sentence that is allowed by law, or even cancel the conviction and charge the person with a different crime. The High Court can also order a new trial or acquit the person if they are found not guilty.
Practical Interpretation
In practical terms, this section gives the High Court the power to review and correct any mistakes made by lower courts. This ensures that justice is served and that people are not wrongly convicted or punished.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for the High Court to review and correct the decisions of lower courts, ensuring that justice is served and that people are not wrongly convicted or punished.
Key Legal Elements
- •The case must have been submitted under Section 407.
- •The High Court must confirm the sentence, pass a different sentence, annul the conviction, or order a new trial.
- •The High Court must consider the evidence and the law when making its decision.
- •No order of confirmation can be made until the period allowed for preferring an appeal has expired, or if an appeal is presented within such period, until such appeal is disposed of.
Practical Example
Practical Example of Section 409 BNSS
Rajesh was convicted of a crime by a lower court and sentenced to 5 years in prison. However, Rajesh's lawyer argued that the lower court made a mistake in its decision. The case was submitted to the High Court under Section 407. The High Court reviewed the evidence and decided to annul the conviction and charge Rajesh with a different crime. The High Court ordered a new trial, and Rajesh was eventually acquitted.
Common Questions (FAQ)
Frequently Asked Questions about Section 409 BNSS
Q: What is the punishment or consequence under Section 409 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The punishment or consequence will depend on the decision made 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 review of decisions made by lower courts.
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 being reviewed under this section may be bailable or cognizable, depending on the specific circumstances.
People Also Ask (PAA)
Common Questions about Section 409 BNSS
What is Section 409 of BNSS?
Section 409 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power of High Court to confirm sentence or annul conviction". In plain terms: This section allows the High Court to review a case where a lower court has made a decision. The High Court can either confirm the original sentence, change it to a different sentence that is allowed by law, or even cancel the conviction and charge the person with a different crime. The High Court can also order a new trial or acquit the person if they are found not guilty.
What is the punishment under Section 409 of BNSS?
Section 409 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 409 of BNSS bailable or non-bailable?
Whether Section 409 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 409 of BNSS?
The essential elements of Section 409 of BNSS are: The case must have been submitted under Section 407.; The High Court must confirm the sentence, pass a different sentence, annul the conviction, or order a new trial.; The High Court must consider the evidence and the law when making its decision..
Landmark Case Laws
Landmark Judgments under Section 409 BNSS
Patnahcucisdb94 High Court (10 8)
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