Code of Criminal Procedure, 1973
CrPC Section 28 in BNSS
Sentences which High Courts and Sessions Judges may pass. Section 28 of the Code of Criminal Procedure, 1973 (Sentences which High Courts and Sessions Judges may pass) corresponds to Section 22 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.
Where this sits in the exam
This provision is examined under CrPC & Bharatiya Nagarik Suraksha Sanhita, worth 10 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.
Questions that turn on this section
Which of the following courts can pass a sentence of death?
Answer & explanation
Court of Session, subject to confirmation by the High Court
A sentence of death passed by a Sessions Court must be submitted for confirmation and shall not be executed until confirmed by the High Court.
Consider the following about the powers of a Court of Session: I. It may pass any sentence authorised by law. II. A sentence of death requires confirmation by the High Court. III. It may take cognizance of an offence directly, without commitment. Which of the above are correct?
Answer & explanation
I and II only
Except as otherwise expressly provided, a Court of Session takes cognizance only on commitment by a Magistrate. I and II are correct.
Sections either side of it
How the neighbouring provisions of the Code of Criminal Procedure, 1973 were renumbered:
| CrPC | Provision | BNSS |
|---|---|---|
| 24 | Public Prosecutors | 18 |
| 25 | Assistant Public Prosecutors | 19 |
| 26 | Courts by which offences are triable | 20 |
| 29 | Sentences which Magistrates may pass | 23 |
| 31 | Sentence in cases of conviction of several offences at one trial | 25 |
| 41 | When police may arrest without warrant | 35 |
Practise it
Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.
Practise free Full CrPC→BNSS table