Section 22 BNSS: Sentences which High Courts and Sessions Judges may pass

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 22 BNSS at a Glance

Section 22 BNSS deals with sentences which High Courts and Sessions Judges may pass. It replaced Section 28 CrPC on 1 July 2024.

Was CrPC

Section 28 →

Section 22 BNSS Bare Act Text

(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.

Source: Section 22, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 22 BNSS in Simple Words

Section 22 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the sentences which High Courts and Sessions Judges may pass.

Under Section 22(1) BNSS, a High Court may pass any sentence authorised by law.

Under Section 22(2) BNSS, a Sessions Judge or Additional Sessions Judge may also pass any sentence authorised by law, but any sentence of death passed by such a Judge shall be subject to confirmation by the High Court.

When Section 22 BNSS Applies

  • Under Section 22(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a High Court may pass any sentence authorised by law.
  • Under Section 22(2) BNSS, a Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law.
  • 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.

Example of Section 22 BNSS

Vikram is tried before a Sessions Judge for an offence where a sentence of death is authorised by law. Under Section 22(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Sessions Judge may pass any sentence authorised by law, including a sentence of death. Because the Sessions Judge passes a sentence of death against Vikram, Section 22(2) BNSS provides that the sentence of death shall be subject to confirmation by the High Court. In another case, Kavita is tried before an Additional Sessions Judge who passes a sentence other than death that is authorised by law. Under Section 22(2) BNSS, the Additional Sessions Judge may pass that sentence without requiring High Court confirmation under Section 22(2) BNSS.

When Section 22 BNSS Does Not Apply

  • Section 22 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lets a High Court, a Sessions Judge or an Additional Sessions Judge pass only a sentence authorised by law, so it gives no power to pass a sentence that the law does not authorise for the offence.
  • Section 22(2) BNSS requires confirmation by the High Court for a sentence of death passed by a Sessions Judge or Additional Sessions Judge, and does not speak of confirmation for any other sentence.

Section 22 BNSS in the CrPC (Previous Law)

Section 22 BNSS replaced Section 28 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 22 BNSS

What sentences may a High Court pass under Section 22 BNSS?▼

Under Section 22(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a High Court may pass any sentence authorised by law. The confirmation by the High Court in Section 22(2) BNSS applies to a sentence of death passed by a Sessions Judge or Additional Sessions Judge.

What sentencing powers do a Sessions Judge and an Additional Sessions Judge have under Section 22(2) BNSS?▼

Under Section 22(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law. Any sentence of death passed by either Judge shall be subject to confirmation by the High Court.

Does every sentence passed by a Sessions Judge or an Additional Sessions Judge require High Court confirmation under Section 22(2) BNSS?▼

No. Under Section 22(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law, and the words on confirmation by the High Court apply to any sentence of death passed by such a Judge. Section 22(2) BNSS does not speak of confirmation for any other sentence.

What changed from Section 28 CrPC to Section 22 BNSS from 1 July 2024?▼

From 1 July 2024, Section 22 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 28 of the Code of Criminal Procedure, 1973. 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, which 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 BNSS: Sub-sections Explained

Section 22(1) BNSS: Sentences which High Courts and Sessions Judges may pass

▶

Bare Act Text

(1) A High Court may pass any sentence authorised by law.

Previous Law

CrPC 28 → Section 22(1) BNSS

Section 22(2) BNSS: Sentences which High Courts and Sessions Judges may pass

▶

Bare Act Text

(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.

Previous Law

CrPC 28(2) → Section 22(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·