Chapter XXVII
Section 368 CrPC: Power of High Court to confirm sentence or annul conviction
New Law Update (2024)
Section 398 BNSS
TRIAL COURT
High Court
Punishment
Procedural – Trial / Charge
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) may confirm the sentence, or pass any other sentence warranted by law, or
(2) 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
(3) 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.
Important Sub-Sections Explained
Section 368(1)
This sub-section empowers the High Court to either affirm a sentence passed by a lower court or impose a different, legally permissible sentence, ensuring judicial oversight on sentencing.
Section 368(2)
This provision grants the High Court the authority to set aside a conviction, find the accused guilty of an alternate offence that the lower court could have convicted them of, or direct a fresh trial.
Landmark Judgements
Bachan Singh v. State of Punjab (1980):
This landmark judgment laid down the ‘rarest of rare’ doctrine for imposing the death penalty, emphasizing that life imprisonment is the rule and capital punishment an exception. It significantly guides the High Court’s discretion while confirming death sentences under Section 368 CrPC.
Machhi Singh v. State of Punjab (1983):
Further elaborating on the ‘rarest of rare’ doctrine, this case provided specific categories and guidelines for courts to consider when assessing whether a case warrants the death penalty, thus influencing the High Court’s application of its powers under this section.
Mohd. Arif v. Registrar, Delhi High Court (2014):
The Supreme Court ruled that a review petition against a confirmed death sentence must be heard by a bench of at least three judges in open court, reinforcing the procedural safeguards and scrutiny involved after a High Court’s confirmation.