Section 412 BNSS: Procedure in cases submitted to High Court for confirmation

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 412 BNSS at a Glance

Section 412 BNSS deals with procedure in cases submitted to High Court for confirmation. It replaced Section 371 CrPC on 1 July 2024.

Section 412 BNSS Bare Act Text

412. Procedure in cases submitted to High Court for confirmation

In cases submitted by the Court of Session to the High Court for the confirmation of a sentence of death, the proper officer of the High Court shall, without delay, after the order of confirmation or other order has been made by the High Court, send either physically, or through electronic means, a copy of the order, under the seal of the High Court and attested with his official signature, to the Court of Session.

Source: Section 412, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 412 BNSS in Simple Words

Section 412 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with cases submitted by the Court of Session to the High Court for the confirmation of a sentence of death.

In those cases, the proper officer of the High Court shall, without delay, after the order of confirmation or other order has been made by the High Court, send either physically, or through electronic means, a copy of the order, under the seal of the High Court and attested with his official signature, to the Court of Session.

When Section 412 BNSS Applies

  • Section 412 BNSS applies in cases submitted by the Court of Session to the High Court for the confirmation of a sentence of death.
  • Under Section 412 BNSS, the proper officer of the High Court shall send a copy of the order to the Court of Session after the order of confirmation or other order has been made by the High Court.
  • Under Section 412 BNSS, the copy of the order is sent either physically, or through electronic means.
  • Under Section 412 BNSS, the copy of the order is under the seal of the High Court and attested with his official signature, to the Court of Session.

Time Limits Under Section 412 BNSS

  • Under Section 412 BNSS, the proper officer of the High Court shall send the copy of the order without delay, after the order of confirmation or other order has been made by the High Court.Act text: โ€œshall, without delay, after the order of confirmation or other order has been made by the High Courtโ€

Example of Section 412 BNSS

A Court of Session submits the case of Vikram to the High Court for the confirmation of a sentence of death. The High Court makes an order of confirmation. Under Section 412 BNSS, the proper officer of the High Court shall, without delay, send either physically, or through electronic means, a copy of the order, under the seal of the High Court and attested with his official signature, to the Court of Session.

When Section 412 BNSS Does Not Apply

  • Section 412 BNSS speaks of the proper officer of the High Court sending a copy of the order to the Court of Session. 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 412 BNSS speaks of the copy of the order sent after the order of confirmation or other order has been made. 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 412 BNSS in the CrPC (Previous Law)

Section 412 BNSS replaces Section 371 CrPC from the old criminal code.

From 1 July 2024, Section 412 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 371 of the Code of Criminal Procedure, 1973. The heading is the same. Section 412 BNSS reads send either physically, or through electronic means, a copy of the order where Section 371 CrPC read send a copy of the order. The rest of Section 412 BNSS has the same text as Section 371 CrPC.

View CrPC Section 371 โ†’

FAQs on Section 412 BNSS

Who sends the order of the High Court to the Court of Session under Section 412 BNSS?โ–ผ

Under Section 412 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in cases submitted by the Court of Session to the High Court for the confirmation of a sentence of death, the proper officer of the High Court shall send a copy of the order to the Court of Session.

How may the copy of the order be sent under Section 412 BNSS?โ–ผ

Section 412 BNSS provides that the proper officer of the High Court shall send either physically, or through electronic means, a copy of the order to the Court of Session.

When must the copy of the order be sent under Section 412 BNSS?โ–ผ

Section 412 BNSS provides that the proper officer of the High Court shall, without delay, after the order of confirmation or other order has been made by the High Court, send a copy of the order to the Court of Session.

What changed from Section 371 CrPC to Section 412 BNSS from 1 July 2024?โ–ผ

From 1 July 2024, Section 412 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 371 of the Code of Criminal Procedure, 1973. Section 412 BNSS has the same heading as Section 371 CrPC. Section 412 BNSS reads send either physically, or through electronic means, a copy of the order where Section 371 CrPC read send a copy of the order. The rest of Section 412 BNSS has the same text as Section 371 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 ยท Last updated: 22 Oct 2026 ยท