Code of Criminal Procedure, 1973 · Chapter III: Power of Courts
Section 28: Sentences which High Courts and Sessions Judges may pass
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
(1) A High Court may pass any sentence authorised by law. 1. Ins. by Act 5 of 2009, s. 4 (w.e.f. 31-12-2009). 2. Subs.by Act 13 of 2013, s. 11, for —offence under section 376 and sections 376A to 376D of the Indian Penal Code (45 of 1860)‖ (w.e.f. 3-2-2013). 3. Subs. by Act 22 of 2019, s. 10, for —section 376A, section 376B, section 376C, section 376D‖ (w.e.f. 21-4-2018).
(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.
(3) An Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. 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.