CONFIRMATION & EXECUTION OF DEATH SENTENCE

BRIEF OUTLINE

CONFIRMARTION OF DEATH SENTENCE

 S.366 – Submission of Sentence for Confirmation.

 S.367 – Further Enquiry or Additional Evidence.

 S.368 – Powers of the High Court.

 S-369 – Matter to be heard by Division Bench.

 S.370 – Reference to a Third Judge.

 S.371 – Forwarding the Order to the Court of Sessions

EXECUTION OF DEATH SENTENCE

 S.413 – Execution of Death Sentence passed by Sessions Court.

 S.414 – Execution of Death Sentence passed by High Court.

POSTPONEMENT OF EXECUTION OF DEATH SENTENCE

 S.415 – Postponement in case of appeal to the Supreme Court.

 S.416 – Postponement in case of Pregnant Woman.

GENERAL PROVISIONS REGARDING EXECUTION

 S.425 – Issue of Warrant.

 S.426 – Taking of effect of death sentence on an escaped convict.

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 CONFIRMATION OF DEATH SENTENCE

SCOPE & OBJECTIVE

 The decision of the trial court awarding the sentence of death is not final unless it is
confirmed by the High Court.
 Therefore, the Court awarding the sentence has to refer the same to the High Court for
confirmation.
 This provision has been provided for taking into consideration the severe nature of death
sentence.
 The High Court acts as referee court to deal with the evidence and material on record.

SUBMISSION OF SENTENCE FOR CONFIRMATION – S.366

 When the Court of Session of death, the proceedings shall be submitted to the High Court
and the sentence shall not be executed unless it is confirmed by High Court. – S.366(1)
 The Court passing the sentence must commit the convicted person to jail custody under a
warrant. – S.366(2)

FURTHER ENQUIRY OR ADDITIONAL EVIDENCE – S.367

 If the High Court deems fit, it may order further enquiry or take additional evidence in
order to establish the guilt or innocence of the accused. – S.367(1)
 The presence of the accused can be dispensed with when such inquiry is made or such
evidence is taken. – S.367(2)
 In case the High does not make the enquiry itself, then the result of the enquiry shall be
certified to the High Court. – S.367(3)

POWERS OF THE HIGH COURT – S.368

 The High Court may exercise anyone of the following powers while exercising its
jurisdictions to confirm the sentence:
a) Confirm the sentence;
b) Annul the conviction and pass any other sentence;
c) Acquit the accused.
d) Order a new trial.
 The order of confirmation shall not be made unless the period of limitation to file an
appeal has expired.

PROCEDURE TO BE FOLLOWED
 The sentence of confirmation or otherwise shall be passed by a Division Bench. – S.369

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 In case the Division Bench is equally divided in its opinion in such a case the matter shall
be referred to a third judge and his decision shall be final. – S.370
 The High Court shall forward the copy of the order of confirmation or otherwise under
the seal of the Court attested with the official’s signature, to the Court of Session. S.371

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 EXECUTION OF DEATH SENTENCE

INTRODUCTION
 The process of execution of the sentence will depend upon the nature and type of the
sentence awarded by the judge or the magistrate.
 The Code provides for specific procedure and separate rules for execution of different
kinds of sentences.
 Apart from specific rules there are some common rules applicable to execution of all
kinds of sentences.

EXECUTION OF DEATH SENTENCE PASSED BY SESSIONS COURT- S.413

Confirmation of Death Sentence by High Court, Passed by Sessions Judge u/s. 368
 Section 368 provides that when the Session Judge passes a Death Sentence, it shall
forward the same for confirmation from the High Court.
 Once the High Court confirms the Death Sentence, the Sessions Judge is duty bound u/s.
413 to take the necessary steps in order to execute the sentence of death.

Discretion of the High Court u/s. 368

The may pass any of the following orders when it receives a case for confirmation of death
sentence by Sessions Judge:
1. Annul the conviction;
2. Conform the sentence;
3. Acquit the accused;
4. Order a new trial;
5. Pass any other sentence.

Procedure upon Confirmation

 The Court of Session would issue a warrant in the prescribed form to the officer in charge
of the jail for the proper execution of the sentence.
 Once the sentence has been executed the officer executing it shall return the warrant to
the Court of Sessions.
 Such officer shall forward an endorsement specifying the procedure in which the
sentence was executed.

EXECUTION OF DEATH SENTENCE PASSED BY THE HIGH COURT – S.414

Conditions
The following conditions shall be fulfilled before a death sentence passed by a High Court can be
executed:
a) Death sentence shall be passed by the High Court; and

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 b) Such sentence may be passed in appeal or revision.

POSTPONEMENT OF EXECUTION OF DEATH SENTENCE

POSTPONEMENT IN CASE OF APPEAL TO SUPREME COURT – S.415

There are three instances where execution of a sentence of death passed by the High Court can
be postponed when the same is appealed against before the Supreme Court

Appeal under Article 134

 The execution of the death sentence shall be postponed until the disposal of the appeal by
the Supreme Court.

Application for obtaining certificate under Article 132

 When an application is filed before the High Court for obtaining a certificate to file an
appeal before the Supreme Court, the sentence of death shall be postponed.

Special Leave Petition under Article 136

 The execution of death sentence shall be postponed until the disposal of SLP filed before
the Supreme Court.

POSTPONEMENT OF DEATH SENTENCE ON PREGNANT WOMAN – S.416

Conditions
The following conditions shall be met to postpone execution of a death sentence:
a) The woman shall be pregnant;
b) She should have been convicted with death sentence as a punishment.

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 GENERAL PROVISIONS REGARDING EXECUTION

ISSUING OF WARRANT – S.425

 The warrant of execution of a sentence of death has to be issued either by the Judge or the
Magistrate who passed the sentence or by his successor in office.

TAKING OF EFFECT OF SENTENCE ON A ESCAPED CONVICT – S.426

 The sentence of death shall affect immediately when the escaped convict is found.