Section 412 – Bharatiya Nagarik Suraksha Sanhita (BNSS) – Procedure In Cases Submitted To High Court For Confirmation.

Code: Section 412 BNSS

412. Procedure in Cases Submitted to High Court for Confirmation
In cases submitted by the Court of Session to the High Court for the confirmation of a sentence of death, the proper officer of the High Court shall, without delay, after the order of confirmation or other order has been made by the High Court, send either physically, or through electronic means, a copy of the order, under the seal of the High Court and attested with his official signature, to the Court of Session.

Explanation of Section 412 BNSS

Section 412 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the confirmation process of death sentences by the High Court. It outlines the procedural steps for transmitting the High Court’s decision back to the Court of Session.

Key Provisions

1. Applicability:
   • Applies to cases where the Court of Session has awarded a death sentence.
   • The High Court must confirm the death sentence before it can be executed (as per Section 409 BNSS).
2. Role of the High Court:
   • The High Court reviews the death sentence to determine whether it should be confirmed, commuted, or overturned.
   • The decision must be transmitted to the Court of Session without delay.
3. Mode of Transmission:
   • The High Court’s order must be sent:
     • Physically (a signed and sealed hard copy).
     • Electronically (for faster communication).
   • The order must bear the official seal and signature of the proper officer of the High Court.
4. Ensuring Swift Justice:
   • The provision ensures that there is no unnecessary delay in communication between the High Court and the Court of Session.
   • It provides a clear mechanism for handling the final decision on capital punishment cases.

Illustrations

Example 1: Confirmation of Death Sentence

• A Sessions Court convicts an accused under Section 302 BNSS (Murder) and awards the death penalty.
• The case is automatically referred to the High Court for confirmation, as per Section 409 BNSS.
• The High Court reviews the case and upholds the death sentence.
• The High Court officer immediately sends the signed order (either physically or electronically) to the Sessions Court.
• The Sessions Court proceeds with further legal formalities based on the High Court’s decision.

Example 2: Commutation of Death Sentence

• A convict is sentenced to death by the Sessions Court for a heinous crime.
• Upon review, the High Court finds mitigating factors and reduces the punishment to life imprisonment.
• The High Court officer communicates the revised order to the Sessions Court.
• The Sessions Court modifies its records accordingly, and the death sentence is no longer applicable.

Common Questions and Answers on Section 412 BNSS

1. Why does a death sentence need High Court confirmation?

Under Section 409 BNSS, a death sentence awarded by a Sessions Court must be confirmed by the High Court before it can be executed. This ensures fairness and thorough judicial review.

2. How is the High Court’s order communicated to the Sessions Court?

The order is sent physically or electronically, bearing the official seal and signature of the High Court’s officer.

3. Can the High Court modify or overturn a death sentence?

Yes, the High Court can:

• Confirm the death sentence.
• Commute it to life imprisonment.
• Overturn the conviction entirely.

4. What happens after the Sessions Court receives the High Court’s confirmation?

Once the Sessions Court receives the confirmation, it proceeds with executing the sentence, unless the convict appeals to the Supreme Court or files a mercy petition.

5. Can the Supreme Court overrule the High Court’s confirmation?

Yes, if the convict appeals the decision, the Supreme Court has the power to review and overturn the High Court’s confirmation.

Conclusion

Section 412 BNSS provides a clear and efficient procedure for confirming death sentences. It ensures that:

• The High Court reviews the sentence before execution.
• The confirmation order is transmitted swiftly.
• The justice process remains transparent and fair.

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