Section 366 CrPC: Sentence of death to be submitted by Court of Session for confirmation

Code of Criminal Procedure, 1973

Section 366 CrPC at a Glance

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

Now BNSS

Section 407 →

What Section 366 CrPC Says

366. Sentence of death to be submitted by Court of Session for confirmation

(1) When the Court of Session passes a sentence of death, the proceedings shall 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 366, Code of Criminal Procedure, 1973

Section 366 CrPC in Simple Words

Section 366 of the Code of Criminal Procedure, 1973 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 be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court.

Under Section 366(2) CrPC, the Court passing the sentence shall commit the convicted person to jail custody under a warrant.

When Section 366 CrPC Applies

  • Section 366(1) CrPC applies when the Court of Session passes a sentence of death. The proceedings shall then be submitted to the High Court.
  • Under Section 366(1) CrPC, the sentence shall not be executed unless it is confirmed by the High Court.
  • Under Section 366(2) CrPC, the Court passing the sentence shall commit the convicted person to jail custody under a warrant.

Example of Section 366 CrPC

A Court of Session passes a sentence of death on Ramesh. Under Section 366(1) CrPC, the proceedings shall be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court. Under Section 366(2) CrPC, the Court passing the sentence shall commit Ramesh to jail custody under a warrant.

When Section 366 CrPC Does Not Apply

  • Section 366(1) CrPC 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 368 CrPC, headed Power of High Court to confirm sentence or annul conviction.
  • Section 366(1) CrPC 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 367 CrPC, headed Power to direct further inquiry to be made or additional evidence to be taken.

Section 366 CrPC Under BNSS 407: What Changed

Section 366 CrPC is now covered under Section 407 BNSS.

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.

View detailed comparison (CrPC 366 vs BNSS 407) →

FAQs on Section 366 CrPC

What happens when the Court of Session passes a sentence of death under Section 366 CrPC?▼

Under Section 366(1) of the Code of Criminal Procedure, 1973, when the Court of Session passes a sentence of death, the proceedings shall be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court.

Can the sentence of death be executed before it is confirmed by the High Court under Section 366 CrPC?▼

No. Section 366(1) CrPC provides that the sentence shall not be executed unless it is confirmed by the High Court.

Where is the convicted person held under Section 366 CrPC?▼

Under Section 366(2) CrPC, the Court passing the sentence shall commit the convicted person to jail custody under a warrant.

Where is Section 366 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 366(1) CrPC is found in Section 407(1) BNSS and Section 366(2) CrPC is found in Section 407(2) BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.

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

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