The legal process of Confirming A Death Sentence is a matter of utmost gravity, shaped by Sections 366 to 371 of the Code of Criminal Procedure. These provisions form the backbone of a rigorous system designed to ensure justice, minimize errors, and uphold the sanctity of capital punishment
SECTION 366 – SUBMISSION FOR CONFIRMATION TO HIGH COURT
When a Session Court imposes a death sentence, this section mandates that the High Court must confirm it before the sentence can be executed. It acts as a safeguard to reduce errors and uphold justice. The death penalty is reserved for the “rarest of rare” cases, and this step is crucial in ensuring the punishment’s appropriateness.
SECTION 367 – POWER TO DIRECT FURTHER INQUIRY OR ADDITIONAL EVIDENCE
This section empowers the High Court to direct further inquiries or consider additional evidence when it identifies aspects related to the accused’s innocence or guilt that the Session Court might have missed. It also outlines the provisions for the accused’s presence during such proceedings and the certification of any inquiry or evidence by the Session Court.
SECTION 368 – POWER TO CONFIRM SENTENCE OR ANNUL CONVICTION
In this section, the High Court, upon receiving a case from the Session Court, can confirm the sentence, impose an alternative sentence if justified by law, annul the conviction and either convict the accused of a different offense or order a new trial with amended charges. The section contains important provisos related to the appeal process and emphasizes the need for a thorough evaluation of the case.
SECTION 369 – DUAL SIGNATURES REQUIRED FOR CONFIRMATION OR NEW SENTENCE
For confirmation of a sentence, imposition of a new sentence, or any other order, this section requires that the case be heard by a divisional bench comprising at least two or more judges. The involvement of multiple judges is a fundamental condition that cannot be overlooked.
SECTION 370 – HANDLING DIFFERENCES OF OPINION
This section addresses situations where judges hold conflicting opinions. It refers to the process specified in Section 392 of the Criminal Procedure Code (CrPC) to resolve such differences. It highlights the importance of seeking a third judge’s opinion in cases of divided judgments and outlines the procedure for doing so.
SECTION 371 – PROCEDURE IN A CASE SUBMITTED TO THE HIGH COURT FOR CONFIRMATION
After the High Court makes its decision under Section 368, the case is returned to the Session Court. The Section 371 specifies the options available to the High Court for the final order and places the responsibility on the High Court officer to promptly send a copy of the order, sealed and attested, to the Session Court without delay.
CONCLUSION
The process of confirming a death sentence is of paramount importance due to the profound consequences it carries. These sections in Chapter 28 of the Code of Criminal Procedure are designed to minimize the likelihood of errors in this critical process. If a party is dissatisfied with the High Court’s judgment, they have the option to appeal to the Supreme Court to seek justice or rectify perceived errors. The process involves a sequence of steps, including submission to the High Court, inquiries and evidence consideration, evaluation by multiple judges, resolution of conflicting opinions, and ultimately, returning the case to the Session Court for further action, with careful consideration of the facts and evidence.
REFERENCE
2-https://m.timesofindia.com/city/ahmedabad/gang-rape-murder-state-seeks-hc-nod-to-hang-three/amp_articleshow/91627963.cms -THE TIMES OF INDIA
