सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 409

Power of High Court to confirm sentence or annul conviction

Why this exists

This section spells out the full range of choices available to the High Court when it reviews a death sentence, ensuring that confirmation is not a binary yes/no exercise but a genuine re-examination that can lead to acquittal, a different sentence, or even a fresh trial if the High Court has doubts. The proviso protecting the appeal window ensures the accused's right to appeal isn't undercut by a premature confirmation. It continues section 368 of the CrPC, 1973.

Common misconceptions
  • Myth: The High Court can only confirm or reject a death sentence.
    Fact: The High Court has broader powers -- it can also convict for a lesser offence, order a retrial, or acquit the accused entirely.