CRPC §368 → BNSS §409
Power of High Court to confirm sentence or annul conviction
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Comparison
368. Power of High Court to confirm sentence or annul conviction.—In any case submitted under section 366, 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.
409. 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.
What changedAI-inferred
Power of High Court to confirm sentence or annul conviction.
Old position
CrPC 368 is concerned with Power of High Court to confirm sentence or annul conviction. Power of High Court to confirm sentence or annul conviction
New position
BNSS 409 preserves the framework with drafting modernisations as required by the new code. Topic: confirm annul conviction.. In any case submitted under section 407, the High Court
BNSS 409 (confirm annul conviction.) preserves the framework of CrPC 368. BNSS 409 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 409 text: In any case submitted under section 407, the High...
Editorial deltaAI-indicated (source-linked)
BNSS 409 (confirm annul conviction.) preserves the framework of CrPC 368. BNSS 409 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 409 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 368 continues to apply. For matters from that date forward, BNSS 409 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 409 (confirm annul conviction.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §368 → BNSS §409 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/368.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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