Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXX: Submission of Death Sentences for Confirmation
Section 409: Power of High Court to confirm sentence or annul conviction
In plain words
In a death sentence reference, the High Court can confirm the sentence, pass any other lawful sentence, set aside the conviction and convict for another offence or order a new trial, or acquit. It cannot confirm the sentence until the time to appeal has passed or any appeal is decided.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 409
No Supreme Court judgment in our database cites this section yet.