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Which statement about confirmation of a Sessions Court’s death sentence under the Bharatiya Nagarik Suraksha Sanhita, 2023 is incorrect?

Question and options

Which statement about confirmation of a Sessions Court’s death sentence under the Bharatiya Nagarik Suraksha Sanhita, 2023 is incorrect?

  1. The death sentence requires confirmation by the High Court before execution

  2. When the High Court consists of two or more judges, at least two must make and sign confirmation

  3. Confirmation must await expiry of the appeal period and, if a timely appeal is filed, its disposal

  4. The High Court may acquit on the reference only if the convict has filed an appeal

Answer and explanation

Correct answer: D - The High Court may acquit on the reference only if the convict has filed an appeal

BNSS sections 407–410 govern a death-sentence reference. The High Court may acquit under section 409(c) even without a separate appeal. The appeal-period and two-judge safeguards remain applicable in their statutory terms.

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