CrPC 28→BNSS 22

CrPC 28 to BNSS 22: Sentences which High Courts and Sessions Judges may pass

Section 28 CrPC (1973) replaced by Section 22 BNSS (2023)

View CrPC Section 28 →View BNSS Section 22 →

CrPC 28 to BNSS 22 at a Glance

Section 28 CrPC (Sentences which High Courts and Sessions Judges may pass) is now Section 22 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 28 to BNSS 22?

Section 28 of the Code of Criminal Procedure, 1973 became Section 22 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 22(1) BNSS and Section 22(2) BNSS have the same text as Section 28(1) CrPC and Section 28(2) CrPC. Section 22 BNSS does not contain Section 28(3) CrPC on the sentences an Assistant Sessions Judge may pass.

CrPC 28 vs BNSS 22: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section2822
HeadingSentences which High Courts and Sessions Judges may passSame
Sub-sections3 sub-sections2 sub-sections

CrPC 28 and BNSS 22: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 28, CrPC 1973

28. Sentences which High Courts and Sessions Judges may pass.—(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. (3) An Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years.
BNSS 2023 (in force)

Section 22, BNSS 2023

22. Sentences which High Courts and Sessions Judges may pass.—(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.

When It Applies: CrPC 28 vs BNSS 22

Under CrPC 28
  1. Under Section 28(1) of the Code of Criminal Procedure, 1973, a High Court may pass any sentence authorised by law.
  2. Under Section 28(2) CrPC, a Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law.
  3. Under Section 28(2) CrPC, any sentence of death passed by a Sessions Judge or Additional Sessions Judge shall be subject to confirmation by the High Court.
  4. Under Section 28(3) CrPC, an Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death, of imprisonment for life, or of imprisonment for a term exceeding ten years.
Under BNSS 22
  1. Under Section 22(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a High Court may pass any sentence authorised by law.
  2. Under Section 22(2) BNSS, a Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law.
  3. Where a Sessions Judge or an Additional Sessions Judge passes a sentence of death, that sentence shall be subject to confirmation by the High Court under Section 22(2) BNSS.

Time Limits: CrPC 28 to BNSS 22

Under CrPC 28
  • Under Section 28(3) of the Code of Criminal Procedure, 1973, an Assistant Sessions Judge may not pass a sentence of imprisonment for a term exceeding ten years.Act text: “imprisonment for a term exceeding ten years.”
Under BNSS 22

Section 22 BNSS states no time limit.

What CrPC 28 to BNSS 22 Means in Practice

From 1 July 2024, the provision on sentences which High Courts and Sessions Judges may pass is found in Section 22 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 28 of the Code of Criminal Procedure, 1973. The text for a High Court, a Sessions Judge and an Additional Sessions Judge, including confirmation by the High Court of a sentence of death, is the same. Section 22 BNSS has no sub-section on an Assistant Sessions Judge.

FAQs: CrPC 28 to BNSS 22

Which BNSS section replaces Section 28 CrPC from 1 July 2024?▼

From 1 July 2024, Section 28 of the Code of Criminal Procedure, 1973 is found in Section 22 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 28(1) CrPC maps to Section 22(1) BNSS, and Section 28(2) CrPC maps to Section 22(2) BNSS. Section 22 BNSS has no sub-section matching Section 28(3) CrPC.

Did the sentencing powers of a High Court or a Sessions Judge change between Section 28 CrPC and Section 22 BNSS?▼

No. The rules in Section 28(1) and Section 28(2) of the Code of Criminal Procedure, 1973 are reproduced word for word in Section 22(1) and Section 22(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Under both provisions, a High Court, a Sessions Judge, and an Additional Sessions Judge may pass any sentence authorised by law, and any sentence of death passed by a Sessions Judge or an Additional Sessions Judge shall be subject to confirmation by the High Court.

What happened to Section 28(3) CrPC regarding an Assistant Sessions Judge in the BNSS?▼

Section 28(3) of the Code of Criminal Procedure, 1973 provided that an Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death, of imprisonment for life, or of imprisonment for a term exceeding ten years. Section 22 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not contain that sub-section and has no provision on an Assistant Sessions Judge.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·