Site navigation

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…

Choose your answer

A Court of Session refers a death sentence to the High Court under the Bharatiya Nagarik Suraksha Sanhita, 2023. Which statement is incorrect?

Select one answer
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.

Practice for these exams

Related exam syllabi

Related questions in this topic