Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 409
Power of High Court to confirm sentence or annul conviction
In one line
BNSS Section 409 deals with power of high court to confirm sentence or annul conviction and replaces CrPC 368.
Bare act text — BNSS 409
409. Power of High Court to confirm sentence or annul conviction.
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.
Frequently asked
What was BNSS Section 409 in the CrPC?
BNSS Section 409 (Power of High Court to confirm sentence or annul conviction) replaces Section 368 of the Code of Criminal Procedure, 1973. CrPC 368 is now BNSS 409.
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Nearby BNSS sections
- BNSS 404 — Copy of judgment to be given to accused and other persons
- BNSS 405 — Judgment when to be translated
- BNSS 406 — Court of Session to send copy of finding and sentence to District Magistrate
- BNSS 407 — Sentence of death to be submitted by Court of Session for confirmation
- BNSS 408 — Power to direct further inquiry to be made or additional evidence to be taken
- BNSS 410 — Confirmation or new sentence to be signed by two Judges
- BNSS 411 — Procedure in case of difference of opinion
- BNSS 412 — Procedure in cases submitted to High Court for confirmation
- BNSS 413 — No appeal to lie unless otherwise provided
- BNSS 414 — Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behavior