Section 28: Sentences which High Courts and Sessions Judges may pass

The Code of Criminal Procedure, 1973Central Act · 1973

Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023, with effect from 1 July 2024

(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.

(3) An Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years.

Where this provision sits

Act	The Code of Criminal Procedure, 1973
Section	28
Marginal note	Sentences which High Courts and Sessions Judges may pass
Jurisdiction	Central
Status	Repealed
Judgments citing it	3

Judgments that turned on this provision

APPLN/500/2025 of MANOJ KACHRULAL JAISWAL AND ANOTHER Vs THE STATE OF MAHARASHTRA AND ANOTHERBombay High Court · 2025-09-20
ALS/21/2018 of THE STATE OF MAHARASHTRA Vs BALASAHEB S/O. PUNDLIK GITTE AND OTHERSBombay High Court · 2023-03-28

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