Confirmation and Execution of Death Sentence
Confirmation and Execution of Death Sentence
BRIEF OUTLINE
A. SUBMISSION OF DEATH SENTENCE FOR CONFIRMATION (SS. 366 – 371)
S.366(1) – Sentence of Death passed by the Court of Session shall not be executed unless
it has been confirmed by the High Court.
S.366(2) – The convict shall be committed to jail custody under a warrant.
S.367(1) – The High Court may carry out further inquiries or ask for additional
evidence.
S.367(2) – The presence of the accused can be dispensed with while such further inquiry
is made.
S.367(3) – In case the inquiry is not conducted by the High Court then the result of the
inquiry shall be certified.
S.368(1) – The High Court may confirm, annul or acquit the convict.
S.368(2) – Such order shall not be passed during the limitation period of filing an appeal
or until the appeal so filed is disposed of.
S.369 – The case for confirmation shall be heard by a division bench.
S.370 – In case there is no unanimity amongst the division bench, a third judge shall be
referred and his decision shall be final.
S.371 – Forwarding the copy of the order of conformation of death sentence to the Court
who passed the order.
B. EXECUTION OF DEATH SENTENCE (SS. 413 – 416 & SS. 425, 426 & 430)
S.413 – Execution of order of confirmation of Death Sentence passed by the High Court.
S.414 – Execution of Death Sentence passed by the High Court in appeal, review or
revision
S.415 – Postponement of execution of Death Sentence – Appeal to Supreme Court.
S.415(1) – Postponement in case of appeal to Supreme Court u/s. 379.
S.415(2) – Postponement in case of application for a certificate (that the case
involves a substantial question of law) is made to High Court under Article 132.
S.415(3) – Postponement in case of special leave petition is filed under Article 136.
S.416 – Postponement of capital sentence on pregnant woman.
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A. CONFIRMATION OF DEATH SENTENCE
INTRODUCTION
Under the Indian Penal Code, only in one section i.e., 303, death sentence is the only
punishment prescribed. However, in the backdrop of the fact that Indian Penal System
dwells upon reformatory forms of punishment, the said section has been struck down as
unconstitutional.
However, there are numerous other sections where death sentence is provided as an
alternate punishment.
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This provision is mainly aimed at ensuring that the convict is available for execution of
the death sentence, if the same is confirmed by the High Court.
Once the sentence becomes executable he may be kept in a cell separate from other
convicts.
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OPINION OF A THIRD JUDGE – S.370
In case there is no unanimity in the judicial opinion of the division bench, then a third
judge’s opinion can be sought.
Once he gives his opinion the same shall be final and binding.
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B. EXECUTION OF DEATH SENTENCE
INTRODUCTION
Once the High Court confirms the Death Sentence passed by the Court of Sessions or
passes such a sentence in appeal, review or revision, the next question which comes up
for consideration is as to the procedure of executing such a death sentence.
The process of execution of sentence will depend upon the nature and type of the
sentence awarded by the judge or the Magistrate.
There are specific and separate rules for each such category of the sentence.
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If the convict prefers an appeal to the Supreme Court in such case the execution of the
death sentence shall be postponed until:
A. The period of limitation gets over; or
B. The appeal is disposed of.
GENERAL PROVISIONS