Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 410: Confirmation or new sentence to be signed by two Judges.
In every case so submitted, the confirmation of the sentence, or any new sentence or order passed by the High Court, shall, when such Court consists of two or more Judges, be made, passed and signed by at least two of them.
Brief Detail
Section 410 of the Bharatiya Nagarik Suraksha Sanhita, 2023, mandates that in cases where the High Court consists of two or more Judges, the confirmation of a sentence, or any new sentence or order, must be signed by at least two Judges. This ensures that the decision is made collectively and with agreement from multiple Judges.
Question & Answers
Q1: What does Section 410 require when the High Court consists of two or more Judges?
A1: Section 410 requires that the confirmation of a sentence, or any new sentence or order passed by the High Court, must be made, passed, and signed by at least two Judges.
Q2: Is it necessary for all Judges to sign the sentence or order?
A2: No, it is not necessary for all Judges to sign. Only at least two Judges need to sign the sentence or order.
Q3: What happens if a High Court consists of only one Judge?
A3: The requirement of two Judges signing does not apply if the High Court consists of only one Judge. The Judge alone will handle the confirmation or new sentence.
Example
Example 1:
A case is submitted to a High Court with three Judges. The High Court decides to confirm the sentence of the accused. In this case, at least two of the three Judges must sign the confirmation of the sentence for it to be valid.
Example 2:
A High Court of two Judges passes a new sentence for an accused person. Both Judges must sign the order for it to be finalized.
Summary
Section 410 of the Bharatiya Nagarik Suraksha Sanhita, 2023, ensures that decisions involving the confirmation or passing of a new sentence in a case submitted to the High Court are made collectively by at least two Judges if the Court has more than one Judge. This promotes a balanced and agreed-upon judgment process.
