Law4u - Made in India

What Is BNSS Section 407?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 407: Sentence of death to be submitted by Court of Session for confirmation

(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.

Brief Detail

Section 407 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes that when the Court of Session passes a sentence of death, it must be submitted immediately to the High Court for confirmation. The sentence of death cannot be executed unless the High Court confirms it. Additionally, the Court passing the sentence is required to commit the convicted person to jail custody under a warrant.

Question & Answers

Q1: What must happen when the Court of Session passes a sentence of death according to Section 407?

A1: When the Court of Session passes a sentence of death, the proceedings must be submitted immediately to the High Court for confirmation, and the sentence cannot be executed unless the High Court confirms it.

Q2: Can the death sentence be executed immediately after being passed by the Court of Session?

A2: No, the death sentence cannot be executed immediately. It must first be confirmed by the High Court.

Q3: What is the responsibility of the Court passing the death sentence in Section 407?

A3: The Court passing the death sentence must commit the convicted person to jail custody under a warrant.

Q4: What happens if the High Court does not confirm the death sentence?

A4: The death sentence cannot be executed unless it is confirmed by the High Court. If the High Court does not confirm it, the sentence cannot be carried out.

Example

Example 1:

A person is sentenced to death by the Court of Session. The Court must immediately send the case to the High Court for confirmation. The sentence of death cannot be carried out until the High Court gives its confirmation.

Example 2:

A convict is sentenced to death by a Court of Session. The Court issues a warrant and sends the convict to jail custody. The death sentence will not be executed until it is confirmed by the High Court.

Summary

Section 407 of the Bharatiya Nagarik Suraksha Sanhita, 2023, requires that any death sentence passed by the Court of Session must be submitted to the High Court for confirmation. The sentence cannot be executed unless it is confirmed by the High Court. Additionally, the convicted person must be committed to jail custody under a warrant by the Court passing the sentence.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Rajiv Modgill

Advocate Rajiv Modgill

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Labour & Service, Landlord & Tenant, Motor Accident, Property, Recovery, Wills Trusts, Customs & Central Excise, Corporate, High Court, Immigration, Insurance, R.T.I, Trademark & Copyright, Revenue, Tax

Get Advice
Advocate Smitha Mn

Advocate Smitha Mn

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Patent, Property, R.T.I, Recovery, Startup, Succession Certificate, Tax, Trademark & Copyright, Revenue

Get Advice
Advocate R M Jam

Advocate R M Jam

Cheque Bounce, Civil, Criminal, Motor Accident, Revenue

Get Advice
Advocate Brahmdev Gupta

Advocate Brahmdev Gupta

Civil, Criminal, Motor Accident, Property, Divorce

Get Advice
Advocate Anoop Kumar Pandey

Advocate Anoop Kumar Pandey

Anticipatory Bail, Arbitration, Cheque Bounce, Civil, Criminal, Cyber Crime, GST, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Muslim Law, Property, Tax, Trademark & Copyright, Revenue

Get Advice
Advocate Akash Kashyap

Advocate Akash Kashyap

Civil, Consumer Court, Criminal, Family, Motor Accident

Get Advice
Advocate Kailas Balasaheb Jadhav

Advocate Kailas Balasaheb Jadhav

High Court, Motor Accident, Anticipatory Bail, Civil, Property

Get Advice
Advocate Ashwani Tiwari

Advocate Ashwani Tiwari

Anticipatory Bail, High Court, Family, Civil, Consumer Court, Criminal, Corporate, Property, R.T.I, NCLT, Supreme Court, Revenue, Trademark & Copyright, Labour & Service, Landlord & Tenant, Breach of Contract, Cheque Bounce, Divorce, Domestic Violence, Medical Negligence

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.