Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 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.
Brief Detail
Section 409 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the powers of the High Court when a case is submitted under Section 407. The High Court may either confirm the original sentence, impose a different one as per the law, annul the conviction and issue a new conviction or order a fresh trial, or acquit the accused. However, no confirmation order can be made until the time allowed for appeal has expired, or if an appeal is filed, the appeal must first be disposed of.
Question & Answers
Q1: What powers does Section 409 give to the High Court in cases submitted under Section 407?
A1: The High Court can confirm the sentence, pass any other sentence allowed by law, annul the conviction, convict the accused of another offence, order a new trial, or acquit the accused.
Q2: Can the High Court confirm the sentence immediately after a case is submitted under Section 407?
A2: No, the High Court cannot confirm the sentence until the period allowed for appealing has passed or, if an appeal is filed, until the appeal has been disposed of.
Q3: What can the High Court do if it annuls a conviction?
A3: If the High Court annuls the conviction, it can convict the accused of any offence the Court of Session could have convicted the person of, or it can order a new trial on the same or amended charge.
Q4: Can the High Court acquit the accused under Section 409?
A4: Yes, the High Court has the power to acquit the accused person under Section 409.
Example
Example 1:
A case is submitted to the High Court under Section 407 where the accused was sentenced to imprisonment. The High Court reviews the case and decides to confirm the original sentence, as no appeal has been filed and the period for appeal has expired.
Example 2:
The High Court receives a case submitted under Section 407 and determines that the conviction is not justified. The court annuls the conviction, convicts the accused of a lesser offence that the Court of Session could have convicted, and orders a new trial based on an amended charge.
Summary
Section 409 of the Bharatiya Nagarik Suraksha Sanhita, 2023, gives the High Court the authority to confirm or change the sentence, annul the conviction, or acquit the accused in cases submitted under Section 407. However, no confirmation order can be made until the appeal period has expired, or, if an appeal is made, it must first be disposed of.
