Section 409 BNSS: Power of High Court to confirm sentence or annul conviction

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 409 BNSS at a Glance

Section 409 BNSS deals with power of High Court to confirm sentence or annul conviction. It replaced Section 368 CrPC on 1 July 2024.

Was CrPC

Section 368 →

Section 409 BNSS Bare Act Text

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.

Source: Section 409, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 409 BNSS in Simple Words

Section 409 BNSS applies to any case submitted under Section 407 BNSS. The High Court may confirm the sentence, or pass any other sentence warranted by law, may annul the conviction, or may acquit the accused person. No order of confirmation shall be made until the period allowed for preferring an appeal has expired.

When Section 409 BNSS Applies

  • 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 Under Section 409 BNSS

  • 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”

Example of Section 409 BNSS

Imran is sentenced by the Court of Session, and the case is submitted to the High Court under Section 407 BNSS. The period allowed for preferring an appeal has expired and no appeal was presented. The High Court may confirm the sentence, or pass any other sentence warranted by law, under Section 409(a) BNSS.

When Section 409 BNSS Does Not Apply

  • Section 409 BNSS speaks of the power of the High Court to confirm a sentence or annul a conviction. It does not deal with the power to direct further inquiry to be made or additional evidence to be taken, which is the subject of Section 408 BNSS.
  • Section 409 BNSS speaks of the order of the High Court in a case submitted under Section 407 BNSS. It does not deal with the signing of a confirmation or new sentence by at least two Judges, which is the subject of Section 410 BNSS.

Section 409 BNSS in the CrPC (Previous Law)

Section 409 BNSS replaces Section 368 CrPC from the old criminal code.

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.

View CrPC Section 368 →

FAQs on Section 409 BNSS

What may the High Court do in a case submitted under Section 407 BNSS?▼

Under Section 409 BNSS, the High Court may confirm the sentence, or pass any other sentence warranted by law. 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. The High Court may also acquit the accused person.

When may an order of confirmation be made under Section 409 BNSS?▼

No order of confirmation shall be made until the period allowed for preferring an appeal has expired. If an appeal is presented within such period, no order of confirmation shall be made until such appeal is disposed of.

What may the High Court do if the High Court annuls the conviction under Section 409 BNSS?▼

The High Court may 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.

What changed from Section 368 CrPC to Section 409 BNSS from 1 July 2024?▼

Section 409 BNSS has the same heading and the same text as Section 368 CrPC. Section 409 BNSS refers to Section 407 BNSS where Section 368 CrPC referred to Section 366 CrPC.

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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 ·