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

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 407 BNSS at a Glance

Section 407 BNSS deals with sentence of death to be submitted by Court of Session for confirmation. It replaced Section 366 CrPC on 1 July 2024.

Was CrPC

Section 366 →

Section 407 BNSS Bare Act Text

(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.

Source: Section 407, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 407 BNSS in Simple Words

Section 407 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a sentence of death passed by the Court of Session.

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.

Under Section 407(2) BNSS, the Court passing the sentence shall commit the convicted person to jail custody under a warrant.

When Section 407 BNSS Applies

  • 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.
  • Under Section 407(1) BNSS, the sentence shall not be executed unless it is confirmed by the High Court.
  • Under Section 407(2) BNSS, the Court passing the sentence shall commit the convicted person to jail custody under a warrant.

Time Limits Under Section 407 BNSS

  • 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”

Example of Section 407 BNSS

A Court of Session passes a sentence of death on Vikram. Under Section 407(1) BNSS, 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. Under Section 407(2) BNSS, the Court passing the sentence shall commit Vikram to jail custody under a warrant.

When Section 407 BNSS Does Not Apply

  • Section 407(1) BNSS speaks of the Court of Session submitting the proceedings to the High Court. It does not deal with the power of the High Court to confirm the sentence or annul the conviction, which is the subject of Section 409 BNSS, headed Power of High Court to confirm sentence or annul conviction.
  • Section 407(1) BNSS speaks of submitting the proceedings to the High Court. It does not deal with a direction for further inquiry or additional evidence, which is the subject of Section 408 BNSS, headed Power to direct further inquiry to be made or additional evidence to be taken.

Section 407 BNSS in the CrPC (Previous Law)

Section 407 BNSS replaced Section 366 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 407 BNSS

When must the Court of Session submit the proceedings to the High Court under Section 407 BNSS?▼

Under Section 407(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, when the Court of Session passes a sentence of death, the proceedings shall forthwith be submitted to the High Court.

Can the sentence of death be executed before it is confirmed by the High Court under Section 407 BNSS?▼

No. Section 407(1) BNSS provides that the sentence shall not be executed unless it is confirmed by the High Court.

Where is the convicted person held under Section 407 BNSS?▼

Under Section 407(2) BNSS, the Court passing the sentence shall commit the convicted person to jail custody under a warrant.

What changed from Section 366 CrPC to Section 407 BNSS from 1 July 2024?▼

From 1 July 2024, Section 407 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 366 of the Code of Criminal Procedure, 1973. Section 407 BNSS has the same heading as Section 366 CrPC. 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. Section 407(2) BNSS has the same text as Section 366(2) CrPC.

Section 407 BNSS: Sub-sections Explained

Section 407(1) BNSS: Sentence of death to be submitted by Court of Session for confirmation

▶

Bare Act Text

(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.

Previous Law

CrPC 366 → Section 407(1) BNSS

Section 407(2) BNSS: Sentence of death to be submitted by Court of Session for confirmation

▶

Bare Act Text

(2) The Court passing the sentence shall commit the convicted person to jail custody under a warrant.

Previous Law

CrPC 366(2) → Section 407(2) BNSS

Have questions about Section 407 BNSS?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

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