Section 369 CrPC: Confirmation or new sentence to be signed by two Judges

Code of Criminal Procedure, 1973

Section 369 CrPC at a Glance

Section 369 CrPC deals with confirmation or new sentence to be signed by two Judges. From 1 July 2024 it is replaced by Section 410 BNSS.

What Section 369 CrPC Says

369. Confirmation or new sentence to be signed by two Judges

In every case so submitted, the confirmation of the sentence, or any new sentence or order passed by the High Court, shall, when such Court consists of two or more Judges, be made, passed and signed by at least two of them.

Source: Section 369, Code of Criminal Procedure, 1973

Section 369 CrPC in Simple Words

Section 369 CrPC applies in every case so submitted. When the High Court consists of two or more Judges, the confirmation of the sentence, or any new sentence or order passed by the High Court, shall be made, passed and signed by at least two of them.

When Section 369 CrPC Applies

  • In every case so submitted, the confirmation of the sentence, or any new sentence or order passed by the High Court, shall be made, passed and signed by at least two of the Judges, under Section 369 CrPC.
  • This applies when the High Court consists of two or more Judges.

Example of Section 369 CrPC

The High Court consists of two or more Judges. In a case so submitted, the confirmation of the sentence shall be made, passed and signed by at least two of the Judges, under Section 369 CrPC.

When Section 369 CrPC Does Not Apply

  • Section 369 CrPC speaks of a High Court consisting of two or more Judges. It does not deal with a case heard before a Bench of Judges who are equally divided in opinion, which is the subject of Section 370 CrPC.
  • Section 369 CrPC speaks of the signing of a confirmation or new sentence. It does not deal with the power of the High Court to confirm a sentence or annul a conviction, which is the subject of Section 368 CrPC.

Section 369 CrPC Under BNSS 410: What Changed

Section 369 CrPC is now covered under Section 410 BNSS.

Section 410 BNSS has the same heading and the same text as Section 369 CrPC.

View detailed comparison (CrPC 369 vs BNSS 410) โ†’

FAQs on Section 369 CrPC

Who must sign the confirmation of a sentence under Section 369 CrPC?โ–ผ

When the High Court consists of two or more Judges, the confirmation of the sentence shall be made, passed and signed by at least two of them.

Does Section 369 CrPC cover a new sentence or order?โ–ผ

Yes. In every case so submitted, any new sentence or order passed by the High Court shall, when the High Court consists of two or more Judges, be made, passed and signed by at least two of them.

Which cases does Section 369 CrPC cover?โ–ผ

Section 369 CrPC covers every case so submitted.

Where is Section 369 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?โ–ผ

Section 369 CrPC has no sub-sections, and maps as a whole to Section 410 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 ยท Last updated: 20 Oct 2026 ยท