BNSS Code Section 22
Code
(1) A High Court may pass any sentence authorised by law.
(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.
Explanation: on Sentences Which High Courts And Sessions Judges May Pass
This section of the BNSS code defines the sentencing powers of different courts:
- High Courts: Have the authority to impose any legal sentence.
- Sessions Judges and Additional Sessions Judges: Also have the authority to impose any legal sentence. However, any death sentence imposed by them requires confirmation from the High Court before it can be carried out.
Illustration
Consider a case where a Sessions Judge finds a defendant guilty of murder and imposes a death sentence. In this case, the High Court will need to review the case and confirm the sentence before it can be executed.
Common Questions and Answers: on Sentences Which High Courts And Sessions Judges May Pass
Q: Why does the death penalty require confirmation from the High Court?
A: This is a safeguard to ensure that the death penalty is not imposed lightly. It allows for a higher level of judicial scrutiny before the ultimate sanction is carried out.
Q: Can a Sessions Judge impose a life imprisonment sentence without confirmation?
A: Yes, Sessions Judges can impose life imprisonment sentences without confirmation from the High Court.
Q: What happens if the High Court rejects the confirmation of a death sentence?
A: If the High Court rejects the confirmation, the death sentence is not carried out, and the convicted person’s sentence may be reduced to life imprisonment or another lesser penalty.
