CrPC Section 331
Section 331 of the Criminal Procedure Code (CrPC), 1973 (India):
Section 331 CrPC — Reference to High Court in case of Judge's Opinion differing on Sentence of Death
📜 Text of Section 331:
When, in the course of trial of an accused for an offence punishable with death, the Judge presiding over the trial is of the opinion that the sentence of death should be passed, such Judge shall state the facts and the Judge’s opinion thereon, and shall refer the case for the confirmation of the High Court.
🔍 Explanation and Key Points:
Context:
This section applies only when the trial Judge is about to sentence an accused to death in a trial for a capital offence.
Judge's Opinion:
If the trial Judge thinks death sentence should be imposed, the Judge cannot pronounce the sentence immediately.
Reference to High Court:
The Judge must state the facts and reasons for the death sentence and send the case to the High Court for confirmation.
Purpose:
To ensure that a death sentence is imposed only after careful scrutiny by the High Court — an additional safeguard.
Effect:
The death sentence can be awarded only if the High Court confirms it.
⚖️ Practical importance:
Prevents arbitrary or erroneous imposition of death penalty.
Ensures judicial oversight.
High Court reviews the evidence, legality, and circumstances before confirming death sentence.
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