Section 410 – Bharatiya Nagarik Suraksha Sanhita (BNSS) – Confirmation Or New Sentence To Be Signed By Two Judges.

Code: Section 410 BNSS

410. Confirmation or New Sentence to Be Signed by Two Judges – 
In every case so submitted, the confirmation of the sentence, or any new sentence or order passed by the High Court, shall, when such Court consists of two or more Judges, be made, passed, and signed by at least two of them.

Explanation of Section 410 BNSS

Section 410 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) establishes the requirement that any sentence confirmation or new sentence passed by the High Court must be signed by at least two judges when the Court comprises multiple judges.

Key Provisions

1. Applicability:

   • This provision applies when a case is submitted to the High Court for confirmation or review of a sentence.
   • It includes both confirmation of an existing sentence and passing a new sentence in appeal or revision.

2. Requirement of Two Judges:

   • If the High Court consists of two or more judges, the confirmation or modification of the sentence must be decided and signed by at least two judges.
   • This ensures fairness in cases involving severe punishments.

3. Objective:

   • The provision enhances judicial accountability by ensuring that major sentencing decisions are reviewed by multiple judges rather than a single individual.
   • It applies particularly in cases of serious crimes, including those punishable by death or life imprisonment.

Illustrations

Example 1: Death Sentence Confirmation

A trial court sentences an accused to death under Section 103 BNSS. The case is referred to the High Court for confirmation. Since the High Court has a bench of multiple judges, at least two judges must sign the confirmation order before the sentence is upheld.

Example 2: Sentence Modification by the High Court

A person is sentenced to life imprisonment under Section 302 BNSS. On appeal, the High Court decides to reduce the sentence to 10 years of imprisonment. As per Section 410, this decision must be signed by at least two judges.

Common Questions and Answers on Section 410 BNSS

1. Why does Section 410 BNSS require at least two judges for confirmation of a sentence?

This requirement ensures that serious cases, especially those involving severe punishments, undergo thorough judicial review before the sentence is confirmed.

2. Does this section apply to all criminal cases?

No, it applies specifically to cases where the High Court is involved in confirming a sentence or passing a new one.

3. What happens if only one judge signs the sentence confirmation?

If a High Court has multiple judges, but only one judge signs the order, it may be considered invalid under BNSS, as the law mandates at least two signatures.

4. Can a sentence be overturned by the High Court under this section?

Yes, the High Court has the power to confirm, modify, or overturn a sentence while following the procedure outlined in Section 410 BNSS.

5. Does this provision apply to appeals and revisions as well?

Yes, if the High Court modifies a sentence in an appeal or revision, it must still comply with Section 410 BNSS and ensure two judges sign the decision.

Conclusion

Section 410 BNSS plays a crucial role in ensuring judicial fairness in the confirmation and modification of sentences by the High Court. By mandating that at least two judges sign any order related to sentencing, the law upholds transparency, accountability, and fairness in the criminal justice system.

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