BNSS Section 409 — Power of High Court to confirm sentence or annul conviction

Summary

When a case is sent to the High Court under section 407, the High Court has several options. It can confirm the sentence or change it to any other sentence allowed by law. It can also cancel the conviction and convict the accused of a different offence that the Court of Session could have convicted them of, or order a new trial with the same or a changed charge. The High Court may also acquit the accused. However, the High Court cannot confirm the sentence until the time allowed for filing an appeal has passed, or if an appeal is filed, until that appeal is decided.

Official Text

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.

Related Judgments

• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2024) Vol.10 p.1448 — Supreme Court of India (2024)
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §368 — Power of High Court to confirm sentence or annul conviction