Section 22 BNSS - Sentences High Courts and Sessions Judges May Pass
Section 22 of the Bharatiya Nagarik Suraksha Sanhita, 2023 defines the sentencing powers of High Courts, Sessions Judges and Additional Sessions Judges. A High Court may pass any sentence authorised by law. A Sessions Judge or Additional Sessions Judge may also pass any sentence authorised by law, but a sentence of death requires confirmation by the High Court.
Meaning and Scope of Section 22 BNSS
Section 22 sets out the maximum sentencing authority of the High Court, Sessions Judge and Additional Sessions Judge. The provision does not itself prescribe punishment for an offence. Instead, it identifies what sentence these courts may impose when a substantive law authorises that punishment.
Therefore, Section 22 must be read together with the law creating the offence, the punishment prescribed for that offence, and the procedural provisions governing trial and sentencing.
Section 22 - Statutory Text
22. (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.
Sentencing Power of the High Court
Subsection (1) provides that a High Court may pass any sentence authorised by law. The phrase "authorised by law" is important: the High Court's sentencing power must remain within the punishment legally prescribed or otherwise permitted for the offence and proceeding before it.
Sentencing Power of Sessions Judges and Additional Sessions Judges
Under subsection (2), both a Sessions Judge and an Additional Sessions Judge may pass any sentence authorised by law. This gives these courts broad sentencing competence in matters lawfully tried before them.
The provision, however, contains an express safeguard for a death sentence. Although a Sessions Judge or Additional Sessions Judge may pronounce such a sentence where authorised by substantive law, it does not become operative merely because it has been passed at the Sessions level.
Death Sentence Requires Confirmation by the High Court
The concluding part of Section 22(2) states that any sentence of death passed by a Sessions Judge or Additional Sessions Judge is subject to confirmation by the High Court.
This means the Sessions Court's death sentence is not final on its own. The statutory scheme requires scrutiny and confirmation by the High Court in accordance with the relevant provisions of the BNSS governing confirmation proceedings.
Section 22 at a Glance
| Court or Judge | Sentencing power under Section 22 | Special condition |
|---|---|---|
| High Court | May pass any sentence authorised by law. | No additional condition stated in Section 22(1). |
| Sessions Judge | May pass any sentence authorised by law. | A death sentence is subject to confirmation by the High Court. |
| Additional Sessions Judge | May pass any sentence authorised by law. | A death sentence is subject to confirmation by the High Court. |
What Does "Any Sentence Authorised by Law" Mean?
The expression means that Section 22 does not create an independent punishment. A sentence must have legal authority under the substantive criminal law or other applicable enactment. The court must also act within the procedural and sentencing framework applicable to the particular case.
Official Legal Resources
The current central text of the Bharatiya Nagarik Suraksha Sanhita, 2023 can be verified through the official India Code database. The Ministry of Home Affairs also publishes official notifications and materials concerning the commencement and implementation of the new criminal laws.
This page is intended as a legal information resource. In a particular case, the substantive offence, prescribed punishment, trial court jurisdiction, sentencing provisions and applicable judicial orders should also be examined.