Law4u - Made in India

What Is BNSS Section 407?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 407: Sentence of death to be submitted by Court of Session for confirmation

(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.

Brief Detail

Section 407 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes that when the Court of Session passes a sentence of death, it must be submitted immediately to the High Court for confirmation. The sentence of death cannot be executed unless the High Court confirms it. Additionally, the Court passing the sentence is required to commit the convicted person to jail custody under a warrant.

Question & Answers

Q1: What must happen when the Court of Session passes a sentence of death according to Section 407?

A1: When the Court of Session passes a sentence of death, the proceedings must be submitted immediately to the High Court for confirmation, and the sentence cannot be executed unless the High Court confirms it.

Q2: Can the death sentence be executed immediately after being passed by the Court of Session?

A2: No, the death sentence cannot be executed immediately. It must first be confirmed by the High Court.

Q3: What is the responsibility of the Court passing the death sentence in Section 407?

A3: The Court passing the death sentence must commit the convicted person to jail custody under a warrant.

Q4: What happens if the High Court does not confirm the death sentence?

A4: The death sentence cannot be executed unless it is confirmed by the High Court. If the High Court does not confirm it, the sentence cannot be carried out.

Example

Example 1:

A person is sentenced to death by the Court of Session. The Court must immediately send the case to the High Court for confirmation. The sentence of death cannot be carried out until the High Court gives its confirmation.

Example 2:

A convict is sentenced to death by a Court of Session. The Court issues a warrant and sends the convict to jail custody. The death sentence will not be executed until it is confirmed by the High Court.

Summary

Section 407 of the Bharatiya Nagarik Suraksha Sanhita, 2023, requires that any death sentence passed by the Court of Session must be submitted to the High Court for confirmation. The sentence cannot be executed unless it is confirmed by the High Court. Additionally, the convicted person must be committed to jail custody under a warrant by the Court passing the sentence.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Rohit Sharma

Advocate Rohit Sharma

Criminal, Family, Divorce, Domestic Violence, Anticipatory Bail, Court Marriage, Consumer Court, Cheque Bounce, Motor Accident, Civil, Child Custody

Get Advice
Advocate Ashutosh

Advocate Ashutosh

Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Motor Accident, Recovery, Wills Trusts, Revenue

Get Advice
Advocate K Shanmukha Srikanth

Advocate K Shanmukha Srikanth

Arbitration, Cheque Bounce, Consumer Court, Civil, Family, Domestic Violence, Tax, Trademark & Copyright, Succession Certificate, Wills Trusts, Criminal, Corporate, Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Court Marriage, Documentation, Divorce, High Court, Insurance, Landlord & Tenant, Labour & Service, Medical Negligence, Motor Accident, RERA, Property

Get Advice
Advocate Gajendra Kumar Borkar

Advocate Gajendra Kumar Borkar

Criminal, Cheque Bounce, Banking & Finance, Civil, Court Marriage

Get Advice
Advocate Syed Hassim Akrath

Advocate Syed Hassim Akrath

Anticipatory Bail, R.T.I, Divorce, Cheque Bounce, Documentation, Criminal

Get Advice
Advocate Aditya Maloo

Advocate Aditya Maloo

Anticipatory Bail, Cheque Bounce, Criminal, Cyber Crime, High Court

Get Advice
Advocate Patel Vandana Prashant Kumar

Advocate Patel Vandana Prashant Kumar

Anticipatory Bail, Breach of Contract, Cheque Bounce, Corporate, Criminal, Divorce, Domestic Violence, Family, Media and Entertainment, Muslim Law, NCLT, Patent, Trademark & Copyright

Get Advice
Advocate Venkat Malli

Advocate Venkat Malli

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.