CrPC 366→BNSS 407

CrPC 366 to BNSS 407: Sentence of death to be submitted by Court of Session for confirmation

Section 366 CrPC (1973) replaced by Section 407 BNSS (2023)

View CrPC Section 366 →View BNSS Section 407 →

CrPC 366 to BNSS 407 at a Glance

Section 366 CrPC (Sentence of death to be submitted by Court of Session for confirmation) is now Section 407 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 366 to BNSS 407?

From 1 July 2024, Section 407 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 366 of the Code of Criminal Procedure, 1973. The heading is the same. Section 407(1) BNSS reads the proceedings shall forthwith be submitted to the High Court where Section 366(1) CrPC read the proceedings shall be submitted to the High Court. The rest of Section 407(1) BNSS and all of Section 407(2) BNSS have the same text as Section 366 CrPC.

CrPC 366 vs BNSS 407: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section366407
HeadingSentence of death to be submitted by Court of Session for confirmationSame
Sub-sections2 sub-sectionsSame

CrPC 366 and BNSS 407: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 366, CrPC 1973

366. Sentence of death to be submitted by Court of Session for confirmation.—(1) When the Court of Session passes a sentence of death, the proceedings shall be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court. (2) The Court passing the sentence shall commit the convicted person to jail custody under a warrant.
BNSS 2023 (in force)

Section 407, BNSS 2023

407. Sentence of death to be submitted by Court of Session for confirmation.—(1) When the Court of Session passes a sentence of death, the proceedings shall forthwith be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court. (2) The Court passing the sentence shall commit the convicted person to jail custody under a warrant.

When It Applies: CrPC 366 vs BNSS 407

Under CrPC 366
  1. Section 366(1) CrPC applies when the Court of Session passes a sentence of death. The proceedings shall then be submitted to the High Court.
  2. Under Section 366(1) CrPC, the sentence shall not be executed unless it is confirmed by the High Court.
  3. Under Section 366(2) CrPC, the Court passing the sentence shall commit the convicted person to jail custody under a warrant.
Under BNSS 407
  1. Section 407(1) BNSS applies when the Court of Session passes a sentence of death. The proceedings shall then forthwith be submitted to the High Court.
  2. Under Section 407(1) BNSS, the sentence shall not be executed unless it is confirmed by the High Court.
  3. Under Section 407(2) BNSS, the Court passing the sentence shall commit the convicted person to jail custody under a warrant.

Time Limits: CrPC 366 to BNSS 407

Under CrPC 366

Section 366 CrPC states no time limit.

Under BNSS 407
  • Under Section 407(1) BNSS, the proceedings shall forthwith be submitted to the High Court.Act text: “the proceedings shall forthwith be submitted to the High Court”

What CrPC 366 to BNSS 407 Means in Practice

Under Section 407(1) BNSS, when the Court of Session passes a sentence of death, the proceedings shall forthwith be submitted to the High Court. Section 366(1) CrPC read that the proceedings shall be submitted to the High Court.

FAQs: CrPC 366 to BNSS 407

What word does Section 407(1) BNSS add to Section 366(1) CrPC?▼

Section 407(1) BNSS adds the word forthwith. It reads the proceedings shall forthwith be submitted to the High Court where Section 366(1) CrPC read the proceedings shall be submitted to the High Court.

Is there any difference between Section 366(2) CrPC and Section 407(2) BNSS?▼

No. Section 407(2) BNSS has the same text as Section 366(2) CrPC. The Court passing the sentence shall commit the convicted person to jail custody under a warrant.

Is the rule on executing the sentence of death different in Section 407(1) BNSS from Section 366(1) CrPC?▼

No. Both Section 407(1) BNSS and Section 366(1) CrPC provide that the sentence shall not be executed unless it is confirmed by the High Court.

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 ·