Procedure in cases submitted to High Court for confirmation
Section 371 of the Code of Criminal Procedure, 1973 deals with procedure in cases submitted to High Court for confirmation. In cases submitted by the Court of Session to the High Court for the confirmation of a sentence of death, the proper officer of the High Court shall, without delay, after the order of confirmation or other order has been made by the High Court, send a copy of the order, under the seal of the High Co The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
In cases submitted by the Court of Session to the High Court for the confirmation of a sentence of death, the proper officer of the High Court shall, without delay, after the order of confirmation or other order has been made by the High Court, send a copy of the order, under the seal of the High Court and attested with his official signature, to the Court of Session.
CHAP
APPEALS.
CHAPTER XXIX
APPEALS
Section 371, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 412 Procedure in cases submitted to High Court for confirmation Text carried over almost unchanged 95%
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 The repealed enactment still governs what happened while it was in force.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.
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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Prem Kumar vs State and Anr.
Court's Decision & Legal Precedent
A criminal miscellaneous petition under Section 482 Criminal Procedure Code will be dismissed when the petitioner fails to remove procedural defects pointed out by the court office within a reasonable time and when the petitioner has been declared an absconder in the underlying criminal proceedings, as such circumstances demonstrate lack of diligence and compliance with court procedures, and the High Court will not exercise its inherent powers to interfere in such cases.
On this section: The petitioner had filed an application under Section 371 Criminal Procedure Code before the trial court, which was rejected. This rejection was challenged in the revision petition before the Sessions Judge.
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 371
What have the courts held on Section 371 of the Code of Criminal Procedure?
Prem Kumar vs State and Anr. (16 Jan 2017) is the leading judgment on this section among those set out below: The petitioner had filed an application under Section 371 Criminal Procedure Code before the trial court, which was rejected. This rejection was challenged in the revision petition before the Sessions Judge.
How do I find court cases under Section 371 of the Code of Criminal Procedure?
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: CRPC 371, section 371 CRPC, section 371 of the Code of Criminal Procedure. 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 Prem Kumar vs State and Anr. (16 Jan 2017).
What should I read with Section 371 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 412 (Procedure in cases submitted to High Court for confirmation), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 371 of the Code of Criminal Procedure come into force?
Section 371 of the Code of Criminal Procedure, cited as CRPC 371, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.