Section 371 CrPC: Procedure in cases submitted to High Court for confirmation

Code of Criminal Procedure, 1973

Section 371 CrPC at a Glance

Section 371 CrPC deals with procedure in cases submitted to High Court for confirmation. From 1 July 2024 it is replaced by Section 412 BNSS.

Now BNSS

Section 412 →

What Section 371 CrPC Says

371. 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 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 371, Code of Criminal Procedure, 1973

Section 371 CrPC in Simple Words

Section 371 of the Code of Criminal Procedure, 1973 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 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 371 CrPC Applies

  • Section 371 CrPC applies in cases submitted by the Court of Session to the High Court for the confirmation of a sentence of death.
  • Under Section 371 CrPC, 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 371 CrPC, the copy of the order is sent under the seal of the High Court and attested with his official signature, to the Court of Session.

Time Limits Under Section 371 CrPC

  • Under Section 371 CrPC, 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: “shall, without delay, after the order of confirmation or other order has been made by the High Court”

Example of Section 371 CrPC

A Court of Session submits the case of Rajesh to the High Court for the confirmation of a sentence of death. The High Court makes an order of confirmation. Under Section 371 CrPC, the proper officer of the High Court shall, without delay, send 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 371 CrPC Does Not Apply

  • Section 371 CrPC 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 368 CrPC, headed Power of High Court to confirm sentence or annul conviction.
  • Section 371 CrPC 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 367 CrPC, headed Power to direct further inquiry to be made or additional evidence to be taken.

Section 371 CrPC Under BNSS 412: What Changed

Section 371 CrPC is now covered under Section 412 BNSS.

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 detailed comparison (CrPC 371 vs BNSS 412) →

FAQs on Section 371 CrPC

Who sends the order of the High Court to the Court of Session under Section 371 CrPC?▼

Under Section 371 of the Code of Criminal Procedure, 1973, 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.

When must the copy of the order be sent under Section 371 CrPC?▼

Section 371 CrPC 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.

How is the copy of the order authenticated under Section 371 CrPC?▼

Under Section 371 CrPC, the copy of the order is sent under the seal of the High Court and attested with his official signature, to the Court of Session.

Where is Section 371 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 371 CrPC is found in Section 412 BNSS. From 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973.

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