Under the Bharatiya Nagarik Suraksha Sanhita, 2023, when the Court of Session passes a sentence of death-

Under section 407(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 366(2) CrPC), the Court of Session must commit the convicted person to jail custody under a warrant after passing a death sentence. Under section 407(1), the related submission of proceedings to the High Court is also mandatory ("shall forthwith be submitted"), and execution cannot occur without confirmation. Language presenting that referral as merely discretionary does not state the rule correctly.

Why not "The proceedings may be submitted to the High Court, and the sentence may not be executed unless it is confirmed by the High Court."? The death sentence procedure is mandatory, not an optional referral arrangement. The proceedings must go to the High Court, and the sentence cannot be executed without confirmation. Wording that the proceedings may be submitted weakens a compulsory safeguard and therefore fails to state the statutory requirement.

Why not "Both of these propositions are correct: The proceedings may be submitted to the High Court, and the sentence may not be executed unless it is confirmed by the High Court; The Court passing the sentence shall commit the convicted person to jail custody under a warrant."? The custody proposition is correct, but the accompanying submission proposition uses discretionary language for a mandatory step. Combining a correct statement with that defective statement does not make the whole combination correct. Both submission for confirmation and jail custody are governed by compulsory statutory directions.

Why not "None of the following alternatives is correct: The proceedings may be submitted to the High Court, and the sentence may not be executed unless it is confirmed by the High Court; The Court passing the sentence shall commit the convicted person to jail custody under a warrant; Both the proposition that the proceedings may be submitted to the High Court and the sentence may not be executed unless it is confirmed by the High Court and the proposition that the Court passing the sentence shall commit the convicted person to jail custody under a warrant are correct."? The proposition requiring commitment to jail custody under a warrant accurately states the duty imposed on the Court of Session. It is therefore incorrect to reject every proposition. The defective discretionary wording in the referral alternative does not invalidate the separately correct custody requirement.