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CrPC, 1973
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CrPCChapter XXVIIISection 366
Section366

Sentence of death to be submitted by Court of Session for confirmation

AI Assist

Summary

When a Sessions Court sentences someone to death, the full record must be sent to the High Court for confirmation. The death sentence cannot be executed unless the High Court confirms it. Meanwhile the court that passed the sentence must commit the convicted person to jail under a warrant.

Example

Priya is convicted of a capital offence in the Sessions Court and the judge sentences her to death. The court sends the case papers to the High Court and commits Priya to jail under a warrant. The death sentence cannot be carried out unless the High Court confirms it.

Bare Act

Enacted text

(1) 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.

(2) The Court passing the sentence shall commit the convicted person to jail custody under a warrant.

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XXVIII

Chapter XXVIII

Submission Of Death Sentences For Confirmation

In this chapter

  • 366Sentence of death to be submitted by Court of Session for confirmation
  • 367Power to direct further inquiry to be made or additional evidence to be taken
  • 368Power of High Court to confirm sentence or annul conviction
  • 369Confirmation or new sentence to be signed by two Judges
  • 370Procedure in case of difference of opinion
  • 371Procedure in cases submitted to High Court for confirmation
Previous · Section 365Court of Session to send copy of finding and sentence to District MagistrateNext · Section 367Power to direct further inquiry to be made or additional evidence to be taken