Practice paper — BNSS Chapter XXX — Submission Of Death Sentences For Confirmation
30 questions · answer key at the end · no time limit
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1.When the Court of Session passes a sentence of death, what must it do according to Section 407?
- (A) Submit the proceedings forthwith to the High Court for confirmation.
- (B) Execute the sentence immediately without further reference.
- (C) Refer the case to the Supreme Court for prior approval.
- (D) Forward the sentence to the President for confirmation.
2.Can a sentence of death passed by the Court of Session be executed before it is confirmed by the High Court?
- (A) Yes, if the trial court orders immediate execution.
- (B) No, it shall not be executed unless confirmed by the High Court.
- (C) Yes, but only with the permission of the Government.
- (D) Only if the convict withdraws any review or appeal.
3.Who is required by Section 407(2) to commit the convicted person to jail custody under a warrant after passing a death sentence?
- (A) The High Court after receiving the proceedings.
- (B) The Central Government on receipt of the file.
- (C) The Court that passed the sentence.
- (D) The jail superintendent on orders from the trial court.
4.What does the word 'forthwith' in Section 407(1) require when a Court of Session passes a death sentence?
- (A) That the proceedings be submitted to the High Court without delay.
- (B) That the High Court must immediately confirm the sentence.
- (C) That the convicted person be executed without any intervening step.
- (D) That the execution be stayed until a presidential pardon is sought.
5.Which statement best describes the custody and execution regime under Section 407 after a death sentence is passed by the Court of Session?
- (A) The Court must commit the convicted person to jail custody under a warrant and submit proceedings to the High Court; execution cannot occur unless the High Court confirms.
- (B) The convicted person must be kept in court custody until the High Court confirms the sentence.
- (C) No custody is required; execution is simply stayed until High Court confirmation.
- (D) The High Court takes immediate custody of the convicted person upon receiving the proceedings and may execute thereafter.
6.Under Section 408, what power does the High Court have when "such proceedings are submitted" and it thinks further inquiry or additional evidence is needed?
- (A) It must order a retrial in the original trial court.
- (B) It may make the inquiry or take the evidence itself, or direct it to be made or taken by the Court of Session.
- (C) It can only advise the trial court to gather additional evidence.
- (D) It must release the convicted person pending further inquiry.
7.What is the default rule in Section 408 about the presence of the convicted person when such inquiry is made or such evidence is taken?
- (A) The presence of the convicted person is always mandatory.
- (B) Presence may be dispensed with only if the Court of Session agrees.
- (C) The presence of the convicted person may be dispensed with unless the High Court otherwise directs.
- (D) Presence can be dispensed with only upon a written waiver by the convicted person.
8.If the High Court directs the Court of Session to take additional evidence instead of taking it itself, to which court must the result of that inquiry or evidence be certified under Section 408?
- (A) The High Court
- (B) The Court of Session
- (C) The trial court that convicted the person
- (D) The Supreme Court
9.If the High Court directs the Court of Session to take additional evidence, can the convicted person's presence be dispensed with during that inquiry under Section 408?
- (A) No, the convicted person must be present during any inquiry by the Court of Session.
- (B) Yes, but only if the Court of Session orders the absence.
- (C) Only if the convicted person files a waiver of presence.
- (D) Yes, unless the High Court otherwise directs.
10.In subsection (3), the phrase "shall be certified to such Court" most directly refers to which court under Section 408?
- (A) The Court of Session that actually took the evidence.
- (B) The High Court which thought a further inquiry should be made.
- (C) The trial court where the original conviction was recorded.
- (D) The Supreme Court.
11.Under Section 409 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which of the following is an express power of the High Court?
- (A) Confirm the sentence, or pass any other sentence warranted by law.
- (B) Commute the sentence to life imprisonment as a matter of course.
- (C) Transfer the case to another High Court for trial.
- (D) Award monetary compensation to the victim in the criminal judgment.
12.If the High Court annuls the conviction under Section 409, which of the following actions is expressly authorised by the provision?
- (A) Order the case to be tried by a military tribunal.
- (B) Convict the accused of any offence of which the Court of Session might have convicted him.
- (C) Dismiss the entire charge-sheet without further proceedings.
- (D) Convert the criminal proceeding into a civil suit.
13.According to the proviso to Section 409, when may the High Court make an order of confirmation?
- (A) Immediately after hearing the case in review.
- (B) Only after both prosecution and defence consent to confirmation.
- (C) Only after the period allowed for preferring an appeal has expired, or if an appeal was presented within that period, after such appeal is disposed of.
- (D) Only after the trial court endorses the High Court's view.
14.Section 409 allows the High Court, after annulling a conviction, to order a new trial. Which of the following best describes that power as stated in the provision?
- (A) Order a new trial only on the exact identical charge as originally framed.
- (B) Order a new trial but only before the Court of Session and not on amended charges.
- (C) Require the accused to plead anew to unrelated civil claims during the criminal retrial.
- (D) Order a new trial on the same or an amended charge.
15.A belated appeal is filed after the period allowed for preferring an appeal has expired. Under the proviso to Section 409, may the High Court make an order of confirmation while that belated appeal remains pending?
- (A) Yes — the proviso bars confirmation only where the appeal was presented within the allowed period, so a belated appeal does not prevent confirmation.
- (B) No — the High Court must wait for disposal of any appeal regardless of when it was filed.
- (C) No — the High Court must obtain leave from the appellate court before confirming in presence of any appeal.
- (D) Yes — but only if the trial court first certifies the lateness of the appeal.
16.According to Section 410 of the Bharatiya Nagarik Suraksha Sanhita, 2023, if the High Court consists of two or more Judges, who must sign the confirmation of a sentence or any new sentence or order?
- (A) At least two of the Judges
- (B) Only the Chief Justice of the High Court
- (C) A single Judge of the High Court
- (D) All Judges of the High Court
17.Which of the following actions are covered by Section 410's requirement of being "made, passed and signed by at least two" Judges when the High Court consists of two or more Judges?
- (A) Only dismissals of criminal appeals
- (B) Confirmation of the sentence or any new sentence or order passed by the High Court
- (C) Only interim orders
- (D) Only sentencing in original trials
18.If a High Court bench consists of three Judges, what does Section 410 require for the confirmation of a sentence or any new sentence or order?
- (A) All three Judges must sign the confirmation or order
- (B) Only one Judge need sign provided two judges concur orally
- (C) At least two of the three Judges must make, pass and sign it
- (D) No signature requirement applies to three-Judge benches
19.Does Section 410 require that the same two Judges both make, pass and sign the confirmation or new sentence when the High Court consists of two or more Judges?
- (A) No, different Judges may perform each act without two Judges signing
- (B) No, the provision only requires a majority irrespective of signatures
- (C) No, a single Judge can make and pass while another merely signs later
- (D) Yes, the confirmation or new sentence must be made, passed and signed by at least two of the Judges
20.Under Section 410, if a three-judge bench reaches the same conclusion by two Judges but only one Judge actually signs the confirmation, does the provision's signature requirement get satisfied?
- (A) No — the provision requires that at least two Judges must sign the confirmation or order
- (B) Yes — concurrence of two Judges is sufficient even if only one signs
- (C) Yes — the majority decision trumps the signature requirement
- (D) Only if the presiding Judge files a note explaining the single signature
21.According to Section 411, if Judges in a Bench are equally divided in opinion, how is the case to be decided?
- (A) In the manner provided by Section 433.
- (B) By dismissing the case for want of majority.
- (C) By the opinion of the senior judge on the Bench.
- (D) By remitting the matter to the trial court.
22.Section 411 applies when a case is heard before which of the following?
- (A) A single Judge of the court.
- (B) A Bench of Judges.
- (C) A lay jury.
- (D) A Magistrate sitting singly.
23.If Judges of a Bench are equally divided in opinion, does Section 411 authorize automatic dismissal of the case?
- (A) Yes; equal division results in automatic dismissal.
- (B) Yes; it must be referred to an executive authority for decision.
- (C) No; the case shall be decided in the manner provided by Section 433.
- (D) No; it is decided by taking the majority view of lower courts.
24.Which statement is correct if a Bench of Judges hearing a case is not equally divided in opinion?
- (A) Section 411 applies in all cases heard by a Bench regardless of division.
- (B) Section 411 applies only to criminal matters where division occurs.
- (C) Section 411 mandates adjournment until Judges reach agreement.
- (D) Section 411 does not apply because it only addresses situations where Judges are equally divided.
25.Which of the following correctly describes the scope of Section 411 regarding who must hear the case for it to apply?
- (A) It applies only when the case is heard before a Bench of Judges.
- (B) It applies to any bench of judicial officers, including those who are not Judges.
- (C) It applies only if Section 433 explicitly names the tribunal hearing the case.
- (D) It applies automatically to single-judge proceedings as well.
26.Section 412 applies to which category of cases?
- (A) Cases submitted by the Court of Session to the High Court for confirmation of a sentence of death
- (B) Civil appeals from subordinate courts to the High Court
- (C) Bail applications filed directly in the High Court
- (D) Cases of life imprisonment referred to the High Court for review
27.Who is required by Section 412 to send the copy of the High Court's order to the Court of Session?
- (A) The presiding judge of the Court of Session
- (B) The proper officer of the High Court
- (C) The Registrar General of the Supreme Court
- (D) The Public Prosecutor
28.When must the High Court's proper officer send the copy of the order to the Court of Session?
- (A) Within 30 days of the order being made
- (B) Only after receiving a written request from the Court of Session
- (C) Without delay after the order of confirmation or other order has been made by the High Court
- (D) Before the High Court's order is officially recorded
29.By which means may the copy of the High Court's order be sent under Section 412?
- (A) Only by registered post
- (B) Only by electronic means
- (C) Only by physical delivery in person
- (D) Either physically, or through electronic means
30.Which of the following is required on the copy sent to the Court of Session under Section 412?
- (A) It must be an uncertified photocopy of the order
- (B) It must bear the seal of the High Court and be attested with the proper officer's official signature
- (C) It need only be an unsigned electronic extract if sent electronically
- (D) It must be accompanied by a separate affidavit from the presiding judge
Answer key
Explanations
- 1. (A) Section 407(1) states that 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 confirmed by the High Court. The provision requires submission to the High Court rather than immediate execution or referral elsewhere.
- 2. (B) Section 407(1) explicitly provides that the sentence shall not be executed unless it is confirmed by the High Court. Therefore execution before High Court confirmation is not permitted under this provision.
- 3. (C) Section 407(2) states plainly that the Court passing the sentence shall commit the convicted person to jail custody under a warrant. It places this duty on the sentencing court itself, not on the High Court or other authorities.
- 4. (A) Section 407(1) uses 'forthwith' to require that the proceedings be submitted to the High Court without delay. The provision does not direct immediate confirmation, execution, or seeking of a presidential pardon.
- 5. (A) Section 407(1) requires submission of the proceedings to the High Court and that the sentence shall not be executed unless confirmed by the High Court, while Section 407(2) mandates that the Court passing the sentence commit the convicted person to jail custody under a warrant. Thus custody by the sentencing court and submission to the High Court are both required, and execution is conditional on confirmation.
- 6. (B) Subsection (1) states that the High Court may make such inquiry or take such evidence itself, or direct it to be made or taken by the Court of Session. The provision does not require a retrial or release.
- 7. (C) Subsection (2) provides that, unless the High Court otherwise directs, the presence of the convicted person may be dispensed with when such inquiry is made or such evidence is taken. It makes dispensation the default subject to the High Court's directions.
- 8. (A) Subsection (3) states that when the inquiry or evidence is not made or taken by the High Court, the result of such inquiry or evidence shall be certified to such Court. The natural reading is that the result is certified to the High Court (the court referred to earlier in the provision).
- 9. (D) Subsection (2) provides that, unless the High Court otherwise directs, the presence of the convicted person may be dispensed with when such inquiry is made or such evidence is taken. This applies generally, whether the High Court itself or the Court of Session conducts the inquiry.
- 10. (B) Subsection (3) follows subsection (1), which identifies the High Court as the body that may make the inquiry or direct the Court of Session to do so. Thus "such Court" in subsection (3) refers to the High Court to which the proceedings were submitted.
- 11. (A) Section 409(a) expressly states the High Court "may confirm the sentence, or pass any other sentence warranted by law." Powers such as commuting sentences, transferring cases or awarding compensation are not mentioned in this provision.
- 12. (B) Section 409(b) authorises the High Court to "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." The other options are not provided by this section.
- 13. (C) The proviso to Section 409 states 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." This makes the timing in option 3 correct.
- 14. (D) Section 409(b) explicitly permits the High Court to "order a new trial on the same or an amended charge." The provision does not limit the new trial to the exact original charge nor does it involve civil claims.
- 15. (A) The proviso provides that no confirmation shall be made "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." It therefore conditions waiting for disposal only on appeals presented within the allowed period; a belated appeal (filed after the period) is not covered by that restraint.
- 16. (A) The provision states that the confirmation or any new sentence or order "shall... be made, passed and signed by at least two of them" when the Court consists of two or more Judges. Therefore at least two Judges must sign.
- 17. (B) Section 410 expressly refers to "the confirmation of the sentence, or any new sentence or order passed by the High Court" as requiring to be made, passed and signed by at least two Judges where the Court has two or more Judges. It does not limit the requirement to specific categories like interim orders or only appeals.
- 18. (C) The provision requires that when the High Court consists of two or more Judges, the confirmation or any new sentence or order "shall... be made, passed and signed by at least two of them." Thus, in a three-Judge bench at least two must make, pass and sign it.
- 19. (D) Section 410 specifies that the confirmation or new sentence or order "shall... be made, passed and signed by at least two of them." This indicates that at least two Judges must be responsible for those acts (made, passed and signed).
- 20. (A) Section 410 mandates that the confirmation or any new sentence or order "shall... be made, passed and signed by at least two of them." Therefore, if only one Judge signs, the requirement that at least two Judges sign is not met.
- 21. (A) Section 411 states that where Judges of a Bench are equally divided in opinion, "the case shall be decided in the manner provided by section 433." Thus the correct mode is as provided by Section 433, not dismissal or seniority rule.
- 22. (B) The provision begins: "Where any such case is heard before a Bench of Judges...", so Section 411 specifically applies when the matter is heard before a Bench of Judges.
- 23. (C) Section 411 directs that when Judges of a Bench are equally divided in opinion, "the case shall be decided in the manner provided by section 433." It does not provide for automatic dismissal or referral elsewhere.
- 24. (D) Section 411 specifically deals with situations where Judges "are equally divided in opinion." If they are not equally divided, the condition for Section 411 is not met, so it does not apply.
- 25. (A) Section 411 begins by specifying that it applies "where any such case is heard before a Bench of Judges," so its scope is confined to cases heard before a Bench of Judges, not to non-judicial benches or single-judge proceedings.
- 26. (A) The provision begins: 'In cases submitted by the Court of Session to the High Court for the confirmation of a sentence of death,' so it specifically applies to death‑sentence confirmation matters submitted by the Court of Session.
- 27. (B) The text states: 'the proper officer of the High Court shall, without delay ... send ... a copy of the order ... to the Court of Session,' identifying the proper officer of the High Court as the sender.
- 28. (C) Section 412 requires that the proper officer 'shall, without delay, after the order of confirmation or other order has been made by the High Court, send ... a copy of the order' to the Court of Session, so it must be sent promptly after the order is made.
- 29. (D) The provision specifies that the proper officer shall 'send either physically, or through electronic means, a copy of the order,' allowing transmission by either physical or electronic methods.
- 30. (B) Section 412 requires sending 'a copy of the order, under the seal of the High Court and attested with his official signature,' so the copy must bear the High Court seal and the proper officer's attested official signature.