Power of High Court to confirm sentence or annul conviction.
What this section does
In a case submitted under Section 407, the High Court may confirm the death sentence or pass any other lawful sentence, annul the conviction and convict the accused of any offence the Court of Session could have convicted him of or order a new trial, or acquit the accused. No confirmation order shall be made until the period for appeal has expired or, if an appeal is filed, until it is disposed of.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- High Court · Accused
- Time limit
- Confirmation cannot be made until appeal period expires or pending appeal is disposed of
Derived from CrPC s.368.
Read the official text
For the binding statutory text of BNSS Section 409, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 409 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.