Question
Download Solution PDFWhich of the following statements is correct?
A. A death sentence may be passed by the Judicial Magistrate after receiving confirmation from the High Court.
B. A death sentence may be passed by the Executive Magistrate after receiving confirmation from the High Court.
C. A death sentence may be passed by the Court of Session after receiving confirmation from the High Court.
D. A death sentence may be passed by the Court of Session without receiving confirmation from the High Court.
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is Option 4
Key Points
- Death Sentence Authority in India:
- In India, the death sentence is governed by strict legal provisions to ensure justice and prevent misuse.
- Under Section 366 of the Code of Criminal Procedure (CrPC), 1973, only a Court of Session can pass a death sentence after conducting a trial.
- However, the sentence cannot be executed until it is confirmed by the High Court, as per Section 368 of the CrPC.
- This dual-layered process ensures that the sentence is scrutinized at a higher judicial level for fairness and legality.
- Once confirmed by the High Court, the death sentence can then proceed to the execution stage.
Last updated on Jun 19, 2025
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