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

Summary

In a case submitted under section 366, the High Court may: (a) confirm the sentence or impose another sentence allowed by law; (b) set aside the conviction and convict the accused of an offence the Court of Session could have convicted them of, or order a new trial on the same or an amended charge; or (c) acquit the accused.

The proviso says that the High Court must not confirm a sentence until the time allowed for filing an appeal has expired. If an appeal is filed within that time, confirmation must wait until the appeal is decided.

Official Text

In any case submitted under section 366, 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.

Sections referred to

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

Related Judgments

• MUNNA PANDEY vs STATE OF BIHAR — Supreme Court of India (2023)
• STATE OF MAHARASHTRA & ORS. vs PRADEEP YASHWANT KOKADE & ANR — Supreme Court of India (2024)
• SURYA BAKSH SINGH vs STATE OF UTTAR PRADESH — Supreme Court of India (2013)

Old <-> New Code Mapping

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