Section 369 CrPC: Confirmation or New Sentence – Two Judge Signature Requirement

1. Code:

Section 369 of the Code of Criminal Procedure, 1973 (CrPC)

2. Explanation:

This section deals with the confirmation or imposition of a new sentence by the High Court in cases where a lower court has convicted a person. It mandates that the High Court judgment confirming or altering the sentence must be signed by **two** judges.

3. Illustration:

A Sessions Court convicts a person of theft and sentences them to 3 years imprisonment. The accused appeals to the High Court. The High Court, after reviewing the case, finds that the sentence is inadequate and decides to enhance it to 5 years. According to Section 369, the judgment of the High Court confirming or altering the sentence must be signed by two judges.

4. Common Questions and Answers:

Q: Why does Section 369 require two judges to sign the judgment?
A: This requirement ensures judicial scrutiny and the involvement of multiple judges in significant decisions impacting the liberty of individuals.

Q: Can a single judge of the High Court confirm or alter a sentence?
A: No. Section 369 explicitly requires two judges to sign the judgment.

Q: What happens if the High Court alters the sentence?
A: The altered sentence becomes the final and binding sentence on the accused.