Jan 18, 2018
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What are the provisions related to Execution of sentence?

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What are the provisions related to Execution of sentence under Code of Criminal Procedure, 1973?

Execution of order passed under section 368 (section 413)

The court of session submits the order of death sentence to the High Court for the confirmation. As soon as the court of session receives the order of conformation from high court. It shall cause such order to effected by issuing a warrant or taking such other steps as may be necessary.

Execution of sentence of death passed by High Court (Section 414)

When any person aggrieved of the judgement of court of session makes appeal or revision to high court. If then the high court passes death sentence. The court of session shall cause the order so received to effected by issuing a warrant.

Postponement of execution of sentence of death in case of appeal to Supreme Court (section 415)

Any person who wants to file appeal against the sentence of death passed by high court, lies with supreme court under Article 134 of Constitution. The High court shall order postponement of execution of the sentence to death. Until the period for making the appeal expires. If an appeal preferred within the said period, then until disposition of such appeal. Where High court passes a sentence of death and the person sentenced also makes an application to the High Court for the grant of a certificate under Article 132 or Article 134 of the Constitution. The High Court shall order postponement of execution of the sentence. It shall postpone until the High court disposes of such application. If a certificate granted on such application until the period allowed for preferring an appeal to the Supreme Court on such certificate has expired.

Where High court passes a sentence of death and the High Court thinks that the person sentenced has intention to present a petition to the Supreme Court for the grant of special leave to appeal under Article 136 of the Constitution. The High Court shall order postponement of execution of the sentence for such period as it considers sufficient to enable him to present such petition.

Execution of sentence of imprisonment (section 418)

Where the accused sentenced to imprisonment for life or to imprisonment for a term in cases other than those provided for by section 413. The Court passing the sentence shall issue a warrant to the jail or other place in which he is confined. Unless the already confined accused in such jail or other place, shall forward him to such jail or other place with the warrant. Provided that where the accused sentenced to imprisonment till the rising of the Court. It shall not necessarily prepare or forward a warrant to a jail. The accused may confined in such place as the Court may direct.

Where the accused not present in Court when sentence against him passed. The Court shall issue a warrant for his arrest for advancing him to the jail or other place. In such case, the sentence shall commence on the date of his arrest.

 

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Criminal law

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