When a case submitted to the High Court for the confirmation of a sentence of death, the Court of Session receives the order of confirmation or other order of the High Court thereon, it shall cause such order to be carried into effect by issuing a warrant or taking such other steps as may be necessary. (Section 413)
When a sentence of death is passed by the High Court in appeal or in revision, the court of session shall, on receiving the order of the High Court cause the sentence to be carried into effect by issuing a warrant. (Section 414)
Postponement of execution of sentence of death in case of appeal to Supreme Court.—(1) Where a person is sentenced to death by the High Court, an appeal from its judgment lies to the Supreme Court under sub-clause (a) or sub-clause (b) of clause (1) of Article 134 of the Constitution, (viz., where the High Court on appeal reversed an order of acquittal, and sentenced him to death, or has on withdrawal of a case from a subordinate court convicted the accused and sentenced him to death), the High Court shall order the execution of the sentence to be postponed until the period allowed for preferring such appeal has expired, or if an appeal is preferred within that period, until such appeal is disposed of.
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ADVERTISEMENTS:
(2) Where a sentence of death is passed or confirmed by the High Court, and the person sentenced makes an application to the High Court for the grant of certificate under Article 133 (on the ground of the case involving a substantial question of law of general importance which needs to be decided by the Supreme Court or under sub-clause (c) of clause (1) of Article 134 (about fifties for appeal to the Supreme Court in regard to criminal matters) of the Constitution, the High Court shall order the execution of the sentence to be postponed until such application is disposed of by the High Court or if a certificate is granted on such application, until the period allowed for preferring an appeal to the Supreme Court on such certificate has expired.
(3) Where a sentence of death’ is passed or confirmed by the High Court and the High Court is satisfied that the person sentenced intends 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 the execution of the sentence to be ‘postponed for such period as it considers sufficient to enable/him to present such petition. (Section 415)