CrPC Section 368
Section 368 of the Criminal Procedure Code (CrPC), 1973 (India):
⚖️ Section 368 CrPC – Power of High Court to Confirm Sentences
Legal Context:
This section is part of the procedure relating to confirmation of death sentences. Under Indian law, when a Court of Session passes a death sentence, it must be confirmed by the High Court before it can be carried out.
✅ Text Summary of Section 368:
When the High Court receives a case submitted under Section 366 CrPC (which deals with the procedure when a Sessions Court passes a death sentence), the High Court has the authority to:
Confirm the sentence of death, or
Pass any other sentence warranted by law, or
Annul the conviction and convict the accused for any offence they appear guilty of, or
Order a new trial, or
Acquit the accused.
🧠 Explanation in Simple Terms:
If a Sessions Court gives a death sentence, it cannot be executed unless the High Court confirms it. When the case is referred to the High Court:
The High Court reviews the entire case — evidence, procedure, legality.
It can:
Approve (confirm) the death sentence,
Change the sentence (e.g., from death to life imprisonment),
Reverse the conviction (find the accused not guilty),
Order a retrial if justice demands it.
📌 Important Points:
The death sentence needs mandatory High Court confirmation.
The High Court can act independently — it isn't limited to what the Sessions Court decided.
The process includes hearing the accused and may even involve re-examining evidence.
🔍 Relevant Sections Connected:
Section 366 CrPC – Death sentence must be submitted to High Court for confirmation.
Section 367 CrPC – Procedure when the High Court wants more information.
Section 369 CrPC – Judgment once signed cannot be altered, except to correct clerical errors.
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