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.
Bharatiya Nagarik Suraksha Sanhita
Section 412
Procedure in cases submitted to High Court for confirmation
Englishहिंदी
⚡ Quick Answer Reference: Section 412 BNSS
- Provision: Section 412 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
- Jurisdiction: India
- Summary: When a Court of Session sends a death sentence to the High Court for confirmation, the High Court's proper officer must quickly send a copy of the High Court's order to the Court of Session. This copy must be physically signed and sealed by the High Court's officer.
Statutory Content
What does Section 412 of BNSS say?
Indian StandardSection 412, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 412 (India)
Court Pleading StandardSection 412 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/412
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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 412 of BNSS mean?
Plain English Explanation
When a Court of Session sends a death sentence to the High Court for confirmation, the High Court's proper officer must quickly send a copy of the High Court's order to the Court of Session. This copy must be physically signed and sealed by the High Court's officer.
Practical Interpretation
In practice, this means that the High Court's officer has a responsibility to promptly send the order to the Court of Session after the High Court has made its decision. This is an important step in ensuring that the Court of Session is informed of the High Court's decision.
Core Legal Purpose
The core purpose of this section is to ensure that the Court of Session is informed of the High Court's decision in a timely manner. This is essential for the proper functioning of the judicial system and for upholding the rule of law.
Key Legal Elements
- •The Court of Session has submitted a case to the High Court for confirmation of a death sentence.
- •The High Court has made an order confirming or otherwise the death sentence.
- •The proper officer of the High Court must send a copy of the order to the Court of Session.
- •The copy of the order must be physically signed and sealed by the High Court's officer.
Practical Example
Practical Example of Section 412 BNSS
Rajesh, a lawyer, is working on a case where the Court of Session has sentenced a defendant to death. The case has been submitted to the High Court for confirmation. After the High Court makes its decision, the proper officer of the High Court, Mr. Kumar, must quickly send a copy of the order to the Court of Session. Mr. Kumar physically signs and seals the copy of the order before sending it to the Court of Session. This ensures that the Court of Session is informed of the High Court's decision in a timely manner.
Common Questions (FAQ)
Frequently Asked Questions about Section 412 BNSS
Q: What is the punishment or consequence under Section 412 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to the High Court and the Court of Session, which are public entities.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal offenses. Therefore, it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 412 BNSS
What is Section 412 of BNSS?
Section 412 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure in cases submitted to High Court for confirmation". In plain terms: When a Court of Session sends a death sentence to the High Court for confirmation, the High Court's proper officer must quickly send a copy of the High Court's order to the Court of Session. This copy must be physically signed and sealed by the High Court's officer.
What is the punishment under Section 412 of BNSS?
Section 412 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 412 of BNSS bailable or non-bailable?
Whether Section 412 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 412 of BNSS?
The essential elements of Section 412 of BNSS are: The Court of Session has submitted a case to the High Court for confirmation of a death sentence.; The High Court has made an order confirming or otherwise the death sentence.; The proper officer of the High Court must send a copy of the order to the Court of Session..
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