A Court of Session refers a death sentence to the High Court under the Bharatiya Nagarik Suraksha…
Section 409(c) of the Bharatiya Nagarik Suraksha Sanhita, 2023 permits the High Court to acquit on a death-sentence reference. The acquittal power does not depend on an…
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A Court of Session refers a death sentence to the High Court under the Bharatiya Nagarik Suraksha Sanhita, 2023. Which statement is incorrect?
Answer and explanation
Correct answer D
Section 409(c) of the Bharatiya Nagarik Suraksha Sanhita, 2023 permits the High Court to acquit on a death-sentence reference. The acquittal power does not depend on an appeal by the accused. The timing proviso governs confirmation, with separate branches for cases with and without a timely appeal.
Option feedback
Option A
Section 407 requires submission to the High Court and prevents execution before confirmation.
Option B
Section 410 expressly requires at least two judges to make, pass and sign the confirmation when the High Court consists of at least two judges.
Option C
The proviso to section 409 distinguishes expiry of the period from disposal of a timely appeal.
Option D
Section 409(c) empowers the High Court to acquit on the reference even without an appeal.
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