Which of the following correctly states the sentencing power of a Sessions Judge or an Additional…
Under section 22(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law, but any sentence…
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Which of the following correctly states the sentencing power of a Sessions Judge or an Additional Sessions Judge under the Bharatiya Nagarik Suraksha Sanhita, 2023?
Answer and explanation
Correct answer C
Under section 22(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law, but any sentence of death passed by such Judge is subject to confirmation by the High Court; hence "Any sentence authorised by law, but a sentence of death is subject to confirmation by the High Court". A sentence of death can be passed, so the option excluding it is wrong, and it cannot be executed without the High Court's confirmation, so the option saying no confirmation is required is also wrong. The restriction excluding death, imprisonment for life and imprisonment exceeding ten years applied to an Assistant Sessions Judge (formerly s.28(3) CrPC), a post the BNSS has not retained.
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