Chapter III
Section 28 CrPC: Sentences which High Courts and Sessions Judges may pass
New Law Update (2024)
Section 29 BNSS
TRIAL COURT
High Court, Sessions Judge, Additional Sessions Judge, Assistant Sessions Judge
Punishment
Procedural – Judgment / Sentencing
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) A High Court may pass any sentence authorised by law.
(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.
(3) An Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years.
Important Sub-Sections Explained
Section 28(2)
This sub-section clarifies that while Sessions Judges and Additional Sessions Judges can impose any sentence permitted by law, including the death penalty, a sentence of death requires mandatory confirmation by the High Court before it can be executed.
Section 28(3)
This sub-section outlines the specific limitations on the sentencing powers of an Assistant Sessions Judge. They are expressly barred from imposing a sentence of death, life imprisonment, or any term of imprisonment exceeding ten years.