SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
CHAPTER XXX
407. Sentence of death to be submitted by Court of Session for confirmation
408. Power to direct further inquiry to be made or additional evidence to be taken
409. Power of High Court to confirm sentence or annul conviction
410. Confirmation or new sentence to be signed by two Judges
411. Procedure in case of difference of opinion
412. Procedure in cases submitted to High Court for confirmation
CONTENTS
Based on Chapter XXX (Submission of Death Sentences for Confirmation) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are 30 preliminary examination questions designed to test your understanding of Sections 407 to 412.
Chapter XXX: Submission of Death Sentences for Confirmation
Q1. Under Section 407(1), when a Court of Session passes a sentence of death, the proceedings must be submitted to which authority for confirmation?
A) The Supreme Court of India
B) The State Government
C) The High Court
D) The Governor of the State
Q2. According to Section 407(1), a sentence of death passed by a Court of Session shall not be executed unless:
A) The convict refuses to file an appeal
B) It is confirmed by the High Court
C) The President of India signs the warrant
D) Thirty days have passed since the judgment [
Q3. Under Section 407(2), pending the confirmation of a death sentence by the High Court, the Court of Session shall:
A) Release the person on interim bail
B) Commit the person to jail custody under a warrant
C) Transfer the person to a psychiatric facility
D) Stay the conviction entirely
Q4. Section 408(1) empowers the High Court, during a confirmation proceeding, to:
A) Direct a further inquiry to be made
B) Direct additional evidence to be taken on any point bearing upon the guilt or innocence of the convicted person
C) Both A and B
D) Only B
Q5. According to Section 408(2), during a further inquiry or the taking of additional evidence, the presence of the convicted person:
A) Is mandatory in all circumstances
B) May be dispensed with unless the High Court otherwise directs
C) Is only required if the Public Prosecutor requests it
D) Is prohibited to ensure witness safety
Q6. When a further inquiry or additional evidence is taken under Section 408, where must the result be certified?
A) To the Supreme Court
B) To the State Government
C) To the High Court
D) To the District Magistrate
Q7. Under Section 409, which of the following is NOT an option available to the High Court in a case submitted for confirmation?
A) Confirm the sentence or pass any other sentence authorized by law
B) Annul the conviction and convict the person of any offence of which the Court of Session might have convicted him
C) Order a new trial on the same or an amended charge
D) Direct the State Government to grant a pardon
Q8. Can the High Court acquit a person during a death sentence confirmation proceeding under Section 409?
A) No, it can only reduce the sentence
B) Yes, it may acquit the person
C) Only if the Supreme Court gives permission
D) Only if the jury disagrees with the Session Judge
Q9. (Statement Based) Regarding the Proviso to Section 409:
Statement I: No order of confirmation shall be made until the period allowed for preferring an appeal has expired.
Statement II: If an appeal is preferred within the allowed time, the confirmation cannot be made until the appeal is disposed of.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statements are correct
D) Neither Statement is correct
Q10. Under Section 410, in a High Court consisting of three Judges, how many Judges must sign the confirmation of a death sentence?
A) All three Judges
B) At least two Judges
C) Only the Chief Justice
D) At least one Judge
Q11. According to Section 411, if a Bench of Judges is equally divided in opinion during a confirmation proceeding, the case shall be decided:
A) By the senior-most Judge’s opinion
B) By a fresh trial in the Court of Session
C) In the manner provided by Section 433
D) By referring it to the Supreme Court
Q12. Section 412 mandates that after the High Court makes an order of confirmation or any other order, a copy must be sent to:
A) The District Magistrate
) The Court of Session
C) The Superintendent of Police
D) The Ministry of Home Affairs
Q13. In what manner must the copy of the High Court’s order be sent to the Court of Session under Section 412?
A) Only through a physical messenger
B) Either physically or through electronic means
C) Only via registered post
D) Through the State Governor's office
Q14. Who is responsible for sending the attested copy of the High Court's order to the Court of Session under Section 412?
A) The Chief Justice of the High Court
B) The Public Prosecutor
C) The proper officer of the High Court
D) The District Judge
Q15. Under Section 409, if the High Court annuls a conviction, it may:
A) Only order a new trial
B) Convict the person of a different offence which the Court of Session could have charged
C) Acquit the person
D) Both B and C
Q16. If a High Court has only one Judge, can that single Judge confirm a death sentence under the logic of Section 410?
A) No, at least two judges are always required regardless of court size
B) Yes, because the requirement of two signatures applies "when such Court consists of two or more Judges"
C) Only if the Judge is the Chief Justice
D) Only with the concurrence of a Judge from an adjoining State
Q17. Under Section 408(1), if the High Court directs a further inquiry, who can be directed to conduct it?
A) Only the Court of Session
B) A Magistrate
C) The High Court itself
D) Both A and B
Q18. The power of the High Court to pass "any other sentence authorized by law" under Section 409(a) means it can:
A) Only enhance the sentence to death if not already given
B) Commute the death sentence to life imprisonment or any other legal term
C) Grant a stay of 10 years
D) Release the person on probation immediately
Q19. (Reasoning) Why does Section 407(2) require jail custody pending confirmation?
A) To ensure the convict does not abscond while the highest provincial court reviews the ultimate penalty
B) To start the punishment immediately
C) To prevent the convict from filing a mercy petition
D) Because the Court of Session loses all power once the sentence is passed
Q20. If the Court of Session fails to submit the proceedings to the High Court after passing a death sentence, what is the status of the sentence?
A) It becomes final and executable
B) It is void
C) It cannot be carried into effect due to the mandate of Section 407(1)
D) It is automatically converted to life imprisonment
Q21. Under Section 408(1), additional evidence may be taken:
A) Only by the High Court itself
B) Only by a Court of Session
C) By the Court of Session or a Magistrate, if the High Court so directs
D) Only by the Supreme Court
Q22. (Statement Based) Regarding Section 412:
Statement I: The copy of the High Court order sent to the Court of Session must be under the seal of the High Court.
Statement II: The copy must be attested with the official signature of the proper officer.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both are correct
D) Neither is correct
Q23. If the High Court orders a "new trial" under Section 409(c), the trial is conducted on:
A) The same charge only
B) An amended charge only
C) Either the same or an amended charge
D) A charge decided by the State Government
Q24. In Section 411, what happens if Judges are equally divided?
A) The accused is acquitted
B) The case is referred to a third Judge or a larger Bench as per S. 433
C) The Session Judge's order prevails
D) A re-trial is mandatory
Q25. Which section of BNSS corresponds to the power of the High Court to confirm a sentence or annul a conviction?
A) Section 407
B) Section 408
C) Section 409
D) Section 410
Q26. Does Section 408 allow the High Court to take additional evidence itself?
A) No, it must always delegate to a lower court
B) Yes, it may take such evidence itself
C) Only in the presence of a jury
D) Only if the Court of Session is vacant
Q27. Under Section 409(b), the High Court can annul a conviction and convict the person of another offence. This power is limited to:
A) Any offence under the BNS
B) Only offences punishable with fine
C) Any offence of which the Court of Session might have convicted the person
D) Only offences against the State
Q28. The mandate that confirmation orders must be signed by at least two judges (S. 410) ensures:
A) Speed of justice
B) Collective judicial wisdom and a double-check on the most severe penalty
C) That the Chief Justice is always involved
D) That the State Government cannot interfere
Q29. True or False: Under Section 412, electronic communication of the confirmation order is now valid under the BNSS.
A) True
B) False
Q30. Chapter XXX applies to:
A) All sentences of imprisonment
B) Only sentences of life imprisonment
C) Only submissions of death sentences for confirmation
D) Appeals against acquittals
Answer Key
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C
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B
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B
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C
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B
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C
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D
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B
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C
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B
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C
-
B
-
B
-
C
-
D
-
B
-
D
-
B
-
A
-
C
-
C
-
C
-
C
-
B
-
C
-
B
-
C
-
B
-
A
-
C
Chapter XXX statement Based Practice Questions With Answers
Q1. Consider the following statements regarding Section 407:
Statement I: A sentence of death passed by a Court of Session shall not be executed unless it is confirmed by the High Court.
Statement II: The Court of Session is required to submit the proceedings to the High Court immediately after passing the sentence.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q2. Problem: A Sessions Judge passes a death sentence on an accused on Monday. On Tuesday, the Judge issues a warrant for the execution of the sentence for the following week. Is this action legal?
A) Yes, because the Sessions Judge has the power to pass any sentence authorized by law.
B) No, because Section 407(1) mandates that a death sentence cannot be carried into effect without High Court confirmation.
C) Yes, if the Judge believes there is no ground for appeal.
D) No, unless the State Government also approves the execution.
Q3. Regarding the custody of the convicted person under Section 407(2):
Statement I: Once a death sentence is submitted for confirmation, the Court of Session must commit the convicted person to jail custody under a warrant.
Statement II: The Sessions Judge has the discretion to release the convict on interim bail pending the High Court’s decision.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q4. Problem: During a confirmation proceeding, the High Court finds that a crucial piece of forensic evidence was not properly examined by the Trial Court. Under Section 408(1), what can the High Court do?
A) It must immediately acquit the person due to the investigative lapse.
B) It can direct a further inquiry to be made or additional evidence to be taken.
C) It can only proceed with the evidence already on record.
D) It must refer the case to the Supreme Court for additional evidence.
Q5. Consider the following statements regarding additional evidence under Section 408:
Statement I: The High Court may take additional evidence itself or direct it to be taken by the Court of Session or a Magistrate.
Statement II: The presence of the convicted person is mandatory whenever additional evidence is being recorded under this section.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q6. Under Section 409, which of the following powers can the High Court exercise in a case submitted for confirmation?
A) Confirm the sentence or pass any other sentence authorized by law
B) Annul the conviction and convict the person of any offence of which the Court of Session might have convicted him
C) Order a new trial on the same or an amended charge
D) All of the above
Q7. Problem: A High Court, while reviewing a death sentence for confirmation, realizes that the evidence actually supports a conviction for “culpable homicide” rather than “murder”. Can the High Court change the conviction?
A) No, it can only confirm or reject the original death sentence.
B) Yes, under Section 409(b), it can annul the conviction and convict the person of any offence the Court of Session could have charged.
C) No, it must order a completely new trial.
D) Yes, but only with the prior permission of the State Government.
Q8. Regarding the timeline of confirmation under the Proviso to Section 409:
Statement I: The High Court can confirm a death sentence even while the period for preferring an appeal is still active.
Statement II: If an appeal is preferred by the convict, the confirmation order cannot be made until the appeal is disposed of.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q9. Consider the requirements for the signing of orders under Section 410:
Statement I: In a High Court consisting of two or more Judges, the confirmation of a death sentence must be signed by at least two Judges.
Statement II: If the High Court consists of only a single Judge, that Judge is incompetent to confirm a death sentence.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q10. Problem: A Bench of two Judges hears a death sentence confirmation. One Judge is in favour of confirmation, while the other believes the person should be acquitted. How is the case decided?
A) The opinion of the senior Judge prevails.
B) The accused is automatically acquitted.
C) The case shall be decided in the manner provided by Section 411 (referring to Section 433).
D) The case is sent back to the Sessions Court for a third opinion.
Q11. Regarding the communication of the High Court's order under Section 412:
Statement I: The proper officer of the High Court must send a copy of the order to the Court of Session without delay.
Statement II: Under the BNSS, this communication can be made either physically or through electronic means.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
**Q12. Problem: A High Court confirms a death sentence. According to Section 412, what is required for the copy of the order sent to the Court of Session?**
A) It must be signed by the Chief Justice of the High Court.
B) It must be under the seal of the High Court and attested with the official signature of the proper officer.
C) It must be countersigned by the District Magistrate.
D) It must be sent via registered post only.
Q13. Consider the following statements regarding Section 409(d):
Statement I: The High Court has the power to acquit the convicted person during a confirmation proceeding.
Statement II: An acquittal by the High Court under this section automatically overrides the Sessions Court’s judgment.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q14. Problem: A Sessions Court submits a death sentence to the High Court. The High Court decides that a new trial is necessary on an amended charge. Under which section is this power granted?
A) Section 407
B) Section 408
C) Section 409
D) Section 410
Q15. Regarding the presence of the accused during further inquiry (Section 408):
Statement I: Unless the High Court otherwise directs, the presence of the convicted person may be dispensed with.
Statement II: The accused has a right to be present if the inquiry is being conducted by the High Court itself.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q16. Problem: A High Court Judge sits alone in a session because the other Judge is on leave. He hears a confirmation case and signs the order of confirmation. Is this valid under Section 410?
A) Yes, if he is the senior Judge.
B) No, if the Court consists of two or more Judges, at least two must sign.
C) Yes, if the accused does not object.
D) No, death sentences can only be confirmed by a Bench of three Judges.
Q17. Consider the powers of the High Court under Section 409(a):
Statement I: The High Court may confirm the death sentence.
Statement II: The High Court may pass any other sentence authorized by law instead of the death sentence.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q18. Problem: The High Court directs a Magistrate to take additional evidence in a confirmation case. After the evidence is taken, where must the Magistrate send the result?
A) To the Sessions Judge
B) To the State Government
C) It must be certified to the High Court
D) To the Supreme Court
Q19. Regarding the scope of Chapter XXX:
Statement I: This chapter applies to all sentences of imprisonment for life passed by a Court of Session.
Statement II: This chapter applies specifically to the submission of death sentences for confirmation.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q20. Analysis: What is the primary legal effect of a High Court “annulling the conviction” under Section 409(b)?
A) It means the death sentence is confirmed but delayed.
B) It means the previous conviction is set aside, and the Court may either convict the person of a different offence or order a new trial.
C) It means the convict is granted a state pardon.
D) It means the Sessions Judge is disciplined for a wrong judgment.
Answer Key
Q1 – C [S. 407(1)]
Q2 – B [S. 407(1)]
Q3 – A [S. 407(2) — presence of convict in jail is mandatory pending confirmation.]
Q4 – B [S. 408(1)]
Q5 – A [S. 408(1)–(2) — presence may be dispensed with.]
Q6 – D [S. 409]
Q7 – B [S. 409(b)]
Q8 – B [S. 409 Proviso — Statement I is false; confirmation must wait for the appeal period.]
Q9 – A [S. 410 — Statement II is false; the rule for two signatures applies “when such Court consists of two or more Judges”.]
Q10 – C [S. 411]
Q11 – C [S. 412]
Q12 – B [S. 412]
Q13 – C [S. 409(d)]
Q14 – C [S. 409(c)]
Q15 – A [S. 408(2)]
Q16 – B [S. 410]
Q17 – C [S. 409(a)]
Q18 – C [S. 408(3)]
Q19 – B [Title of Chapter XXX]
Q20 – B [S. 409(b)–(c)]
One-Line Revision Reckoner for Chapter XXX
This "Death Sentence Confirmation Guide" provides a quick and comprehensive ready reckoner for Chapter XXX (Sections 407–412) of the BNSS, 2023. This chapter outlines the mandatory judicial "double-check" required before the state can carry out a death penalty.
1. Mandatory Submission for Confirmation (Section 407)
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The Rule: A sentence of death passed by a Court of Session cannot be executed unless it is confirmed by the High Court.
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The Procedure: The Court of Session must submit the trial proceedings to the High Court immediately after passing the sentence.
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Custody: Pending the High Court's decision, the Sessions Judge must commit the convicted person to jail custody under a warrant.
2. High Court’s Investigative Powers (Section 408)
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Further Inquiry: If the High Court deems it necessary, it may direct a further inquiry or the taking of additional evidence regarding the guilt or innocence of the convict.
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Method: The High Court can take this evidence itself or direct a Magistrate or the Court of Session to do so.
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Presence of Accused: Unless the High Court specifically directs otherwise, the presence of the convicted person may be dispensed with during this additional inquiry.
3. Powers of the High Court (Section 409)
In a case submitted for confirmation, the High Court may:
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Confirm the death sentence or pass any other legal sentence (such as life imprisonment).
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Annul the conviction and convict the person of any other offence that the Court of Session could have charged.
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Order a new trial on the same or an amended charge.
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Acquit the person entirely.
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Crucial Limitation: No confirmation order can be made until the period for filing an appeal has expired, or if an appeal is filed, until that appeal is disposed of.
4. Bench Strength and Tie-Breaking (Sections 410–411)
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The Two-Judge Rule: In High Courts with two or more Judges, a confirmation or new sentence must be signed by at least two Judges.
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Divided Opinion: If the Judges on the Bench are equally divided in their opinion, the case is decided in the manner provided by Section 433 (which typically involves referring the matter to a third Judge).
5. Communication of the Final Order (Section 412)
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Attestation: After the High Court makes its order, the proper officer of the Court must send an attested copy under the seal of the High Court to the Court of Session.
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Electronic Update: Under the BNSS, 2023, the High Court is specifically authorized to send this order either physically or through electronic means without delay.