Section 368 CrPC: Power of High Court to confirm sentence or annul conviction

Code of Criminal Procedure, 1973

Section 368 CrPC at a Glance

Section 368 CrPC deals with power of High Court to confirm sentence or annul conviction. From 1 July 2024 it is replaced by Section 409 BNSS.

Now BNSS

Section 409 →

What Section 368 CrPC Says

368. Power of High Court to confirm sentence or annul conviction

In any case submitted under section 366, 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 368, Code of Criminal Procedure, 1973

Section 368 CrPC in Simple Words

Section 368 CrPC applies to any case submitted under Section 366 CrPC. 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 368 CrPC Applies

  • In any case submitted under Section 366 CrPC, the High Court may confirm the sentence, or pass any other sentence warranted by law, under Section 368(a) CrPC.
  • 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 368(b) CrPC.
  • The High Court may acquit the accused person, under Section 368(c) CrPC.

Time Limits Under Section 368 CrPC

  • 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 368 CrPC

Imran is sentenced by the Court of Session, and the case is submitted to the High Court under Section 366 CrPC. 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 368(a) CrPC.

When Section 368 CrPC Does Not Apply

  • Section 368 CrPC 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 367 CrPC.
  • Section 368 CrPC speaks of the order of the High Court in a case submitted under Section 366 CrPC. It does not deal with the signing of a confirmation or new sentence by at least two Judges, which is the subject of Section 369 CrPC.

Section 368 CrPC Under BNSS 409: What Changed

Section 368 CrPC is now covered under Section 409 BNSS.

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 detailed comparison (CrPC 368 vs BNSS 409) →

FAQs on Section 368 CrPC

What may the High Court do in a case submitted under Section 366 CrPC?▼

Under Section 368 CrPC, 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 368 CrPC?▼

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 368 CrPC?▼

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.

Where is Section 368 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 368 CrPC has no sub-sections, and maps as a whole to Section 409 BNSS.

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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 ·