What Is BNSS Section 22?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 22: Sentences Which High Courts and Sessions Judges May Pass

(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.

Brefe Detail

This section outlines the sentencing authority of High Courts and Sessions Judges under the Bharatiya Nagarik Suraksha Sanhita, 2023. It specifies that:

• High Courts can impose any sentence permitted by law.
• Sessions Judges and Additional Sessions Judges can also impose any lawful sentence, but death sentences require confirmation by the High Court.

Question & Answers

Q1: What type of sentences can a High Court pass?

A1: A High Court may pass any sentence authorised by law.

Q2: Can a Sessions Judge impose any type of sentence?

A2: Yes, a Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law.

Q3: What is the requirement for death sentences passed by Sessions Judges?

A3: Any sentence of death passed by a Sessions Judge or Additional Sessions Judge must be confirmed by the High Court.

Example

• Example 1: A High Court decides to impose a life sentence on an individual convicted of murder, as this is authorised by law.
• Example 2: A Sessions Judge sentences a defendant to ten years in prison for robbery, which is within their authority.
• Example 3: A Sessions Judge issues a death sentence for a heinous crime, but this sentence must be confirmed by the High Court before it is executed.

Summary

Section 22 of the Bharatiya Nagarik Suraksha Sanhita, 2023 delineates the sentencing powers of High Courts and Sessions Judges, clarifying that while both can impose various sentences, death sentences from Sessions Judges require High Court confirmation.