Jan 10, 2018
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Submission Of Death Sentences For Confirmation under Code of Criminal Procedure, 1973

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Submission Of Death Sentences For Confirmation under Code of Criminal Procedure, 1973

Sentence of death submitted by Court of Session for confirmation(section 366)

When the Court of Session passes a sentence of death, the judgement shall submitted to the High Court. The sentence shall not executed unless confirmed by the High Court. The Court passing the sentence shall commit the convicted person to jail custody under a warrant.

Power to direct further inquiry made or additional evidence taken (section 367)

The High court has power to direct further inquiry or production of additional evidence.  If it appears to the court any point bears guilt or innocence of the person so convicted. Unless the High Court directs, the presence of the convicted person may dispensed with when such inquiry made or such evidence taken. When the inquiry or evidence (if any) not made or taken by the High Court, the result of inquiry or evidence shall certified to such Court.

Power of High Court to confirm sentence or annul conviction (section 368)

In any case submitted under section 366, the High Court may-

  1. confirm the sentence, or  can also pass any other sentence warranted by law, or
  2. declare conviction invalid and convict the accused of any offence of which the Court of Session might have convicted him, or order a new trial on the same or an amended charge, or
  3. may acquit the accused person.

Provided that no order of confirmation shall made until the period allowed for submitting an appeal has expired, or, if an appeal submitted within such period, until disposal of appeal.

Confirmation or new sentence to signed by two Judges (section 369)

Every case so submitted for the confirmation of the sentence from High court. The confirmation should signed by two judge of High court. If new order or judgement passed by the High court. Then the judgment or order should passed by two judges.

 Procedure in case of difference of opinion (section 370)

Any case heard by a Bench of Judges, such judges equally divide the opinion. The case so heard shall decided in manner provided by section 392.

Procedure in cases submitted to High Court for confirmation ( section 371)

In cases submitted by the Court of Session to the High Court for the confirmation of a sentence of death, the proper officer of the High Court shall, without delay, after the order of confirmation or other order has been made by the High Court, send a copy of the order under the seal of the High Court and attested with his official signature, to the Court of Session

 

 

Article Categories:
Criminal law

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