Execution of order passed under section 409
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Summary
If a death sentence has been sent to the High Court for confirmation and the Sessions Court receives the High Court's confirmation or any other order, the Sessions Court must give effect to that order. It does this by issuing a warrant or taking whatever steps are necessary. The duty arises as soon as the Sessions Court gets the High Court's order.
Example
Ravi is sentenced to death by the Sessions Court and the case is sent to the High Court for confirmation. When the High Court confirms the sentence and the Sessions Court receives that order, the Sessions Court must issue the warrant or take other necessary steps to give effect to the sentence.
Bare Act
Enacted textWhen in 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.
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