Section 409 of BNSS : Section 409: Power of High Court to confirm sentence or annul conviction.

BNSS

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Explanation using Example

Example 1:

Case: Rajesh vs. State of Maharashtra

Scenario: Rajesh was convicted by the Sessions Court for a murder and was sentenced to death. The case was then submitted to the High Court for confirmation of the death sentence as per Section 407.

Application of Section 409:

  • The High Court reviewed the case under Section 409.
  • Outcome (a): The High Court confirmed the death sentence after finding the evidence and trial procedures to be proper and just.
  • Outcome (b): Alternatively, the High Court could have found procedural errors or new evidence suggesting Rajesh was guilty of a lesser offense, such as manslaughter, and could have passed a different sentence, like life imprisonment.
  • **Outcome (...

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