BNSS Section 407 — Sentence of death to be submitted by Court of Session for confirmation

Summary

When a Sessions Court gives a death sentence, it must immediately send all the case records to the High Court. The death sentence cannot be carried out unless the High Court approves it. The court that gave the sentence must also issue a warrant to send the convicted person to jail custody.

Official Text

(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.

Referred to by

• BNSS §409 — Power of High Court to confirm sentence or annul conviction
• BNSS §531 — Repeal and savings

Related Judgments

• RAM KISHAN vs THE STATE (GOVT OF NCT OF DELHI) AND ORS — Delhi High Court (2025)
• DHANANJAY PRSAD MISHRA vs NEXGEN ENERGIA LTD AND ORS — Delhi High Court (2025)
• The State of Tamilnadu rep by; The Inspector of Police; All Women Poli vs Murugan — Madras High Court (Madurai Bench) (2026)

Old <-> New Code Mapping

• CrPC §366 — Sentence of death to be submitted by Court of Session for confirmation