Section 28 CrPC: Sentences which High Courts and Sessions Judges may pass

Code of Criminal Procedure, 1973

Section 28 CrPC at a Glance

Section 28 CrPC deals with sentences which High Courts and Sessions Judges may pass. From 1 July 2024 it is replaced by Section 22 BNSS.

Now BNSS

Section 22 →

What Section 28 CrPC Says

28. Sentences which High Courts and Sessions Judges may pass
(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.
(3) An Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years.

Source: Section 28, Code of Criminal Procedure, 1973

Section 28 CrPC in Simple Words

Section 28 of the Code of Criminal Procedure, 1973 deals with the sentences which High Courts and Sessions Judges may pass. A High Court may pass any sentence authorised by law.

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. 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.

When Section 28 CrPC Applies

Under Section 28(1) of the Code of Criminal Procedure, 1973, a High Court may pass any sentence authorised by law.
Under Section 28(2) CrPC, a Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law.
Under Section 28(2) CrPC, any sentence of death passed by a Sessions Judge or Additional Sessions Judge shall be subject to confirmation by the High Court.
Under Section 28(3) CrPC, 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.

Time Limits Under Section 28 CrPC

Under Section 28(3) of the Code of Criminal Procedure, 1973, an Assistant Sessions Judge may not pass a sentence of imprisonment for a term exceeding ten years.Act text: “imprisonment for a term exceeding ten years.”

Example of Section 28 CrPC

Arjun is tried before an Assistant Sessions Judge for an offence for which imprisonment is authorised by law. Under Section 28(3) of the Code of Criminal Procedure, 1973, the Assistant Sessions Judge may pass a sentence of imprisonment for a term not exceeding ten years, and may not pass a sentence of death or of imprisonment for life. In another trial, Meera is tried before an Additional Sessions Judge for an offence for which a sentence of death is authorised by law. Under Section 28(2) CrPC, the Additional Sessions Judge may pass the sentence of death, but that sentence shall be subject to confirmation by the High Court.

When Section 28 CrPC Does Not Apply

Section 28 of the Code of Criminal Procedure, 1973 lets a Court 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 28 CrPC Under BNSS 22: What Changed

Section 28 CrPC is now covered under Section 22 BNSS.

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.

View detailed comparison (CrPC 28 vs BNSS 22) →

FAQs on Section 28 CrPC

What sentences may a High Court pass under Section 28 CrPC?▼

Under Section 28(1) of the Code of Criminal Procedure, 1973, a High Court may pass any sentence authorised by law. The confirmation by the High Court in Section 28(2) CrPC applies to a sentence of death passed by a Sessions Judge or Additional Sessions Judge.

When does a sentence passed by a Sessions Judge require High Court confirmation under Section 28 CrPC?▼

Under Section 28(2) of the Code of Criminal Procedure, 1973, a Sessions Judge or Additional Sessions Judge may 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. Section 28(2) CrPC speaks of confirmation only for a sentence of death.

What sentences is an Assistant Sessions Judge barred from passing under Section 28(3) CrPC?▼

Under Section 28(3) of the Code of Criminal Procedure, 1973, an Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death, a sentence of imprisonment for life, or a sentence of imprisonment for a term exceeding ten years.

Where is Section 28 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 28 CrPC is found in Section 22 BNSS. Section 28(1) CrPC maps to Section 22(1) BNSS, and Section 28(2) CrPC maps to Section 22(2) BNSS. Section 22 BNSS has no sub-section matching Section 28(3) CrPC on an Assistant Sessions Judge.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·