Introduction of Section 22 of BNSS
BNSS Section 22 is a part of Chapter III of the Bharatiya Nyaya Sanhita, 2023. This section defines which types of punishments can be given by High Courts and Sessions Courts. It ensures that the most serious punishments, like the death penalty, go through higher judicial review before being finalized. This helps maintain fairness and justice in the legal process.
What is BNSS Section 22 ?
BNSS Section 22 talks about the types of punishments that High Courts and Sessions Judges can give. It says that a High Court can give any punishment allowed by law, and a Sessions Judge or Additional Sessions Judge can also give any legal punishment. But if they give a death sentence, it must be confirmed by the High Court before it becomes final.
BNSS Section of 22 in Simple Points
1. High Court Can Pass Any Sentence
The High Court has the highest authority when it comes to delivering judgments in criminal cases under the Bharatiya Nyaya Sanhita (BNSS), 2023. It can give any type of punishment that is allowed by law, including death penalty, life imprisonment, imprisonment for years, or fines. There are no restrictions on the types of sentences it can impose. This power helps the High Court maintain strict control over serious crimes. It can hear appeals, revisions, or original cases and give the final judgment. Its authority ensures that justice is delivered in the most serious and complex criminal matters. High Courts also act as a supervisory court for lower court sentences. Their decisions carry significant legal weight.
2. Sessions Judges Can Also Pass All Sentences (Except Confirmation of Death Sentence)
Sessions Judges and Additional Sessions Judges have the power to pass all kinds of punishments, just like the High Court, but with one exception. If they give a death sentence, it cannot be implemented unless the High Court confirms it. This means they can pass life imprisonment, long-term imprisonment, or fines without any extra approval. But for the most serious sentence — death — an extra layer of judicial review is added. This makes sure that such a serious punishment is not given without proper verification. It also reduces the risk of judicial error. This system maintains a balance of power between Sessions Courts and High Courts.
3. Death Sentence Needs High Court Confirmation
BNSS Section 22 clearly states that if a Sessions Judge passes a death sentence, it must be confirmed by the High Court before it can be executed. This is a very important safeguard in Indian criminal law. The purpose is to make sure that the punishment is fair, based on strong evidence, and legally correct. The High Court reviews the entire case again, checks the judgment, reconsiders the facts, and then gives a final decision on whether the sentence should be approved or changed. If the High Court finds any problem or error, it can reduce the punishment. This check ensures that no innocent person is wrongly given the death sentence.
4. Ensures Fairness in Serious Cases
This section ensures that extreme punishments, like the death sentence, go through a fair and careful process. It shows that the Indian legal system takes serious crimes very seriously and doesn’t want to make any mistake. A two-level judgment system is created — first by the Sessions Judge, and then confirmed by the High Court. This process builds public trust in the justice system and ensures the rights of the accused are not violated. Even when a person is found guilty of a serious offence, the law gives them another chance to get a fair review by a higher court. It promotes both justice and human rights.
5. Balances Judicial Power and Responsibility
BNSS Section 22 creates a balance between the powers of the lower courts (Sessions Judges) and the higher courts (High Courts). While Sessions Judges are given strong powers to decide cases, they are also kept in check by the requirement of High Court confirmation in death penalty cases. This prevents misuse of power and ensures responsible judgments. It also strengthens the legal process by involving two levels of courts for the most serious decisions. This section shows that the law respects the seriousness of life and death matters and does not allow any one judge to make such decisions without oversight.
Section 22 of BNSS Overview
BNSS Section 22 explains the powers of the High Court and Sessions Judges to give punishments in criminal cases.
It says:
- The High Court can give any punishment allowed by law, including the death penalty, life imprisonment, or fines.
- A Sessions Judge or Additional Sessions Judge can also give any punishment.
However, if they give a death sentence, it must be confirmed by the High Court before it is final.
This section ensures that serious punishments like the death penalty are reviewed by a higher court to avoid any legal errors or injustice.
BNSS Section 22 – 10 Key Points
1. High Court Can Give Any Sentence Allowed by Law
The High Court is the highest court at the state level. It has the full authority to give any type of sentence allowed by Indian law. This includes minor punishments like fines, imprisonment for a few months, or serious punishments like life imprisonment and even the death penalty. The law gives this power because the High Court handles serious cases and appeals from lower courts. It has experienced judges who deeply understand complex legal matters. Their decisions are trusted and respected. Therefore, BNSS Section 22 gives full sentencing powers to the High Court to ensure fair justice.
2. Sessions Judge Can Pass Any Sentence Except Death Without Approval
A Sessions Judge or Additional Sessions Judge is a senior judge at the district level. They also have wide powers to give punishments like fines, jail terms, or life imprisonment. However, when it comes to the death penalty, the law requires extra caution. So, even though they can declare a death sentence, that sentence cannot be executed unless the High Court approves it. This rule ensures that a higher authority double-checks the most serious judgment before it is carried out. It adds a strong layer of legal protection for the accused.
3. Death Sentence by Sessions Judge Needs High Court Confirmation
If a Sessions Judge gives a death sentence in a case, the process doesn’t stop there. The law makes it compulsory for the High Court to review and confirm the sentence. This step is called a confirmation proceeding. During this, the High Court carefully studies the entire case file, the evidence, and the lower court’s judgment. If the High Court feels the death penalty was wrongly given, it can change the sentence or cancel it. This system is designed to reduce any chance of a wrong death sentence.
4. High Court Review Is Automatic and Compulsory
Even if the accused person does not appeal, the High Court will still automatically review the death sentence. This is a mandatory step under the law. The reason is simple — a death sentence is the most serious punishment in law. The system doesn’t allow it to be enforced unless the highest state court agrees that the lower court’s judgment was legally correct and fair. This gives the accused a second chance for justice and ensures no person is wrongly punished.
5. This Rule Protects the Legal Rights of the Accused
BNSS Section 22 protects the fundamental rights of the accused, especially in capital punishment cases. The law ensures that every person, no matter how serious the crime, gets a fair and just trial. When the High Court reviews a death sentence, it checks if the accused had proper legal representation, if the investigation was fair, and if the evidence really proved guilt. This protects against unfair judgments and misuse of judicial power. It gives a sense of safety to every citizen under the legal system.
6. Sessions Judge Must Be Very Careful Before Giving Death Sentence
Since a higher court will review the case, Sessions Judges must ensure that their judgment is based on solid evidence and clear legal reasoning. They cannot act emotionally or make hasty decisions. They have to follow strict legal procedures and write detailed reasons in their judgment if they choose to give the death penalty. This responsibility makes them more serious and cautious in deciding such cases. They know that if their reasoning is weak, the High Court will overturn the decision.
7. This Process Builds Public Trust in the Judicial System
When the public sees that the death sentence is not given lightly and is reviewed by a higher court, it builds confidence in the justice system. People feel secure that the courts are not misusing power. They believe that even in serious cases, Indian courts provide fair, honest, and detailed hearings. BNSS Section 22 ensures that every case gets proper legal attention, and this strengthens the image of the courts in the minds of ordinary citizens.
8. Encourages Lower Courts to Apply Law Carefully
Since their decisions are reviewed by the High Court, Sessions Judges must apply the law accurately and fairly. They need to give proper reasoning and follow all procedures. This encourages them to improve the quality of their judgments. It creates a legal culture of responsibility and learning. Judges become more aware of legal standards and this helps improve the overall functioning of the criminal justice system.
9. Maintains Judicial Balance Between Lower and Higher Courts
BNSS Section 22 also helps maintain a balance of power between lower courts and higher courts. While Sessions Judges have important powers, they are still answerable to the High Court in the most serious matters. This stops any one level of court from becoming too powerful or acting without supervision. It’s a healthy legal check that ensures both fairness and discipline within the court structure.
10. High Court Becomes the Final Legal Safety Net
The High Court acts as a final safety net in capital punishment cases. It protects innocent people from being wrongly punished. It gives one more opportunity to check the facts, correct any mistake, and make sure justice is properly served. BNSS Section 22 makes sure that even the gravest punishment is not final until the High Court gives its approval. This makes our legal system more human, just, and dependable.
Examples of BNSS Section 22
✅ Example 1:
A Sessions Judge gives a death sentence to a person convicted of brutal murder. Before the sentence is carried out, the High Court reviews the case to confirm if the punishment is fair and justified.
✅ Example 2:
A High Court directly hears a terrorism-related case and sentences the accused to life imprisonment. Since it’s the High Court, the sentence is final and does not need any further confirmation.
Section 22 of BNSS Short Information
| Point | Explanation in Simple Words |
|---|---|
| Authority of High Court | Can give any punishment allowed by law. |
| Authority of Sessions Judge | Can also give all legal punishments. |
| Death Penalty Clause | Needs High Court’s confirmation before it can be carried out. |
| Purpose | To ensure serious punishments are double-checked. |
| Legal Check System | Helps avoid wrongful death sentences by having High Court review. |
BNSS Section 22 FAQs
BNSS 22
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