Power of High Court to confirm sentence or annul conviction
Section 409 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with power of High Court to confirm sentence or annul conviction. In any case submitted under section 407, the High Court--- (a) may confirm the sentence, or pass any other sentence warranted by law; The Act came into force on 01 Jul 2024.
In any case submitted under section 407, the High Court---
(a) may confirm the sentence, or pass any other sentence warranted by law; or
(b) may annul the conviction, and convict the accused of any offence of which the Court of Session might have convicted him, or order a new trial on the same or an amended charge; or
(c) may acquit the accused person:
Provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of.
Section 409, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 368 Power of High Court to confirm sentence or annul conviction Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Rajlaxmi Pharmaceuticals vs State by the Asst Drugs Controller
Decided under Code of Criminal Procedure 368, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Before taking cognizance of criminal offences, a Magistrate must carefully consider and advert to the date of commission of the alleged offence and the date of presentation of the complaint to determine whether the prosecution is barred by the applicable limitation period. The Magistrate cannot issue summons to multiple accused without individually considering the limitation period applicable to the specific offences alleged against each accused. When a complaint is filed years after the alleged commission of offence, the Magistrate must examine whether the limitation period prescribed under the Drugs and Cosmetics Act, 1940 and the Criminal Procedure Code has been exceeded before proceeding with the case.
On this section: Limitation period for criminal prosecution; petitioners argued that the complaint was barred by time under this section
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 409
What have the courts held on Section 409 of the Bharatiya Nagarik Suraksha Sanhita?
Rajlaxmi Pharmaceuticals vs State by the Asst Drugs Controller (13 Jan 2009) is the leading judgment on this section among those set out below, though it was decided under CRPC 368, which this section replaced -- the court never mentioned this Act: Limitation period for criminal prosecution; petitioners argued that the complaint was barred by time under this section.
How do I find court cases under Section 409 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 409, section 409 BNSS, section 409 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 409 section and bns 409 4. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Rajlaxmi Pharmaceuticals vs State by the Asst Drugs Controller (13 Jan 2009).
What should I read with Section 409 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 407 (Sentence of death to be submitted by Court of Session for confirmation), so none of them can safely be read on its own. It carries forward CrPC 368 (Power of High Court to confirm sentence or annul conviction), so the judgments decided under that provision are the case law on this one.
When did Section 409 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 409 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 409, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.