Section 413 of the Code of Criminal Procedure provides that if a case is submitted to the High Court for confirmation of a death sentence, and the Sessions Court receives the order of confirmation or any other order of the High Court thereon, it must cause such order to be carried into effect by issuing a warrant or taking such other steps as may be necessary.
If a sentence of death is passed by the High Court in appeal or in revision, on receiving the order of the High Court, the Sessions Court must cause the sentence to be carried into effect by issuing a warrant.
S. 415 then provides that if a person is sentenced to death by the High Court, and an appeal lies to the Supreme Court under Clause (a) or (b) of Article 134 (1) of the Constitution, the High Court must order the execution of the sentence to be postponed until the period allowed for preferring such an appeal has expired, or if an appeal is preferred within that period, until such appeal is disposed of.
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ADVERTISEMENTS:
Similarly, if a sentence of death is passed or confirmed by the High Court, and the person who is sentenced makes an application to the High Court for the grant of a certificate under Article 132 or Article 134 (1) (c) of the Constitution, the High Court must order the execution of the sentence to be postponed until such application is disposed of by the High Court.
If a certificate is granted on such an application, the High Court must order the execution of the sentence to be postponed until the period allowed for preferring an appeal to the Supreme Court on such certificate has expired.
So also, if a sentence of death is passed or confirmed by the High Court, and the High Court is satisfied that the person who is sentenced intends to present a petition to the Supreme Court for grant of special leave to appeal under Article 136 of the Constitution, the High Court must order the execution of the sentence to be postponed for such period as it considers sufficient to enable him to present such a petition.
ADVERTISEMENTS:
S. 416 lays down the salutary rule that if a woman who is sentenced to death is found to be pregnant, the High Court must order the execution of the sentence to be postponed, and if it thinks fit, it may even commute the sentence to life imprisonment.
Specimen Form:
The following is a specimen of a warrant of execution of a death- sentence:
To the Officer-in-charge of the Jail at………
ADVERTISEMENTS:
Whereas (name of prisoner), the (1st, 2nd, and 3rd, as the case may be) prisoner in case No. 765 of the Calendar for 20… at the Session held before me on the 4th day of March, 20… has been by a warrant of the Court, dated the 10th day of April. 20… committed to your custody under sentence of death; and whereas the order of the High Court at Bombay confirming the said sentence has been received by this Court.
This is to authorise and require you to carry the said sentence into execution by causing the said (name) to be hanged by the neck until he be dead, at (time and place of execution), and to return this warrant to the Court with an endorsement certifying that the sentence has been executed.
Dated, this 10th day of May, 20….
(Seal of the Court)
(Signature)