Submission of Death Sentence for Confirmation
Submission of Death Sentence for Confirmation
When a death sentence is awarded by a Sessions Court in India, it is not final until it is confirmed by the High Court. This process is a legal safeguard to ensure the correctness and fairness of such a serious judgment.
Legal Provision:
Under Section 366 of the Criminal Procedure Code (CrPC), 1973, the law mandates:
“When the Court of Session passes a sentence of death, the proceedings shall be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court.”
Purpose:
To review the legality, propriety, and correctness of the death sentence.
To act as a check and balance on lower court judgments in capital punishment cases.
To uphold the principles of natural justice and due process.
Procedure for Confirmation:
Submission of Records
The Sessions Court submits the entire case record, including evidence and judgment, to the concerned High Court.
Notice to State and Accused
The High Court issues notices to both the State (prosecution) and the accused to appear and present their arguments.
Hearing by a Division Bench
A bench of at least two judges of the High Court hears the case afresh. They can:
Confirm the death sentence,
Commute it to life imprisonment,
Acquit the accused, or
Order a re-trial if required.
Final Order
The High Court’s decision is final in terms of confirmation. The sentence cannot be carried out unless it is affirmed.
Related Provisions:
Section 367 CrPC – Allows the High Court to call for additional evidence if necessary.
Section 368 CrPC – High Court’s powers in dealing with confirmation cases.
Section 369 CrPC – The High Court must deliver a written judgment explaining its decision.
Importance of Confirmation:
Acts as a legal review mechanism.
Provides an additional layer of judicial scrutiny in capital cases.
Aims to prevent miscarriage of justice in matters of life and death.
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