High Court Confirmation of Death Sentences

A death sentence imposed by a Sessions Court is not executable by itself; it must undergo a mandatory confirmation reference before the High Court. The High Court independently examines both the conviction and the sentence, even if the condemned prisoner does not appeal.

Mandatory reference to the High Court

Under Sections 407-412 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Sessions Court must submit the proceedings to the High Court after passing a death sentence. The sentence cannot be executed unless confirmed; proceedings governed by the earlier CrPC follow the equivalent Sections 366-371.

• The convicted person is committed to jail custody under a warrant while confirmation is pending.
• The confirmation reference is automatic and distinct from an appeal filed by the convicted person.

Scope of High Court scrutiny

The High Court reappraises the evidence, legality of conviction and appropriateness of sentence. It may direct further inquiry or take additional evidence itself or through the Sessions Court, while ensuring the accused receives a fair opportunity where required.

• The High Court must apply the Bachan Singh v. State of Punjab standard: life imprisonment is the rule and death is the exception, reserved for the rarest of rare cases after considering aggravating and mitigating circumstances.
• Where the convicted person appeals, the appeal and confirmation proceedings may be considered together.

Orders and procedural safeguards

The High Court may confirm the death sentence, impose another lawful sentence, annul the conviction and convict for an offence open to the Sessions Court, order a new trial, or acquit the accused.

• An order confirming a death sentence, or imposing a new sentence, must be signed by at least two High Court judges where the court consists of two or more judges.
• Confirmation does not extinguish further judicial remedies or the constitutional mercy powers under Articles 72 and 161.