CrPC 368 to BNSS 409: Power of High Court to confirm sentence or annul conviction
Section 368 CrPC (1973) replaced by Section 409 BNSS (2023)
CrPC 368 to BNSS 409 at a Glance
Section 368 CrPC (Power of High Court to confirm sentence or annul conviction) is now Section 409 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 368 to BNSS 409?
Section 409 BNSS has the same heading and the same text as Section 368 CrPC, except that Section 409 BNSS refers to Section 407 BNSS where Section 368 CrPC referred to Section 366 CrPC.
CrPC 368 vs BNSS 409: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 368 | 409 |
| Heading | Power of High Court to confirm sentence or annul conviction | Same |
| Cross-references | s.366 | s.407 |
CrPC 368 and BNSS 409: Bare Act Text Side by Side
CrPC 1973 (repealed)
Section 368, CrPC 1973
368. Power of High Court to confirm sentence or annul conviction.—In any case submitted under section 366, the High Court—
(a) may confirm the sentence, or pass any other sentence warranted by law, or
(b) may annul the conviction, and convict the accused of any offence of which the Court of Session might have convicted him, or order a new trial on the same or an amended charge, or
(c) may acquit the accused person:
Provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of.
BNSS 2023 (in force)
Section 409, BNSS 2023
409. Power of High Court to confirm sentence or annul conviction.—In any case submitted under section 407, the High Court—
(a) may confirm the sentence, or pass any other sentence warranted by law; or
(b) may annul the conviction, and convict the accused of any offence of which the Court of Session might have convicted him, or order a new trial on the same or an amended charge; or
(c) may acquit the accused person:
Provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of.
When It Applies: CrPC 368 vs BNSS 409
Under CrPC 368
- In any case submitted under Section 366 CrPC, the High Court may confirm the sentence, or pass any other sentence warranted by law, under Section 368(a) CrPC.
- The High Court may annul the conviction, and convict the accused of any offence of which the Court of Session might have convicted him, or order a new trial on the same or an amended charge, under Section 368(b) CrPC.
- The High Court may acquit the accused person, under Section 368(c) CrPC.
Under BNSS 409
- In any case submitted under Section 407 BNSS, the High Court may confirm the sentence, or pass any other sentence warranted by law, under Section 409(a) BNSS.
- The High Court may annul the conviction, and convict the accused of any offence of which the Court of Session might have convicted him, or order a new trial on the same or an amended charge, under Section 409(b) BNSS.
- The High Court may acquit the accused person, under Section 409(c) BNSS.
Time Limits: CrPC 368 to BNSS 409
Under CrPC 368
- No order of confirmation shall be made until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of.Act text: “no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of”
Under BNSS 409
- No order of confirmation shall be made until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of.Act text: “no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of”
What CrPC 368 to BNSS 409 Means in Practice
Section 368 CrPC has no sub-sections, and maps as a whole to Section 409 BNSS. Both provide that in a case submitted for confirmation the High Court may confirm the sentence, annul the conviction or acquit the accused person, and that no order of confirmation shall be made until the period allowed for preferring an appeal has expired.
FAQs: CrPC 368 to BNSS 409
Where is Section 368 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
Section 368 CrPC has no sub-sections, and maps as a whole to Section 409 BNSS.
Is the text of Section 409 BNSS the same as Section 368 CrPC?▼
Section 409 BNSS has the same heading as Section 368 CrPC. The text is the same, except that Section 409 BNSS refers to Section 407 BNSS where Section 368 CrPC referred to Section 366 CrPC.
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 ·