Submission of Death Sentence for Confirmation
The submission of death sentence for confirmation is a critical aspect of the criminal justice system in India. It ensures a meticulous review process to prevent errors and uphold justice. The procedure for the confirmation of death sentences is encapsulated within Sections 366 to 371 in Chapter XXVIII of the Criminal Procedure Code, 1973 (CrPC).
Additionally, Chapter XXXII of the CrPC deals with the execution of the death sentence. These sections together form a robust framework to maintain the integrity and fairness of capital punishment procedures.
Submission of Death Sentence for Confirmation Meaning
The submission of a death sentence for confirmation involves the process where a Court of Session, after passing a death sentence, submits the case to the High Court for review. This procedure ensures that no death sentence is executed without thorough examination and confirmation by a higher judicial authority.
Sections 366 to 371 of the Criminal Procedure Code, 1973, outline this process, mandating that the High Court reviews the entire case record, including evidence and judgement and has the authority to confirm, alter or annul the sentence. This multi-layered review system is designed to minimise errors and uphold justice, ensuring that the death penalty is imposed only after exhaustive judicial scrutiny.
Offences Subjected to Death Sentence in India
In India, the death penalty can be imposed for certain heinous crimes under the Indian Penal Code, 1860 (IPC). These include:
- Rape (Section 376 of IPC): In certain aggravated cases, the offence of rape can attract the death penalty.
- Murder (Section 302 of IPC): The crime of murder is one of the most common offences for which the death penalty is prescribed.
- Dacoity with murder (Section 396 of IPC): Committing dacoity with murder is another grave offence attracting the death penalty.
- Waging or attempting to wage war against the Government of India (Section 121 of IPC): This is a serious crime against the sovereignty of the nation.
- Abetting mutiny actually committed (Section 132 of IPC): Abetting mutiny, which results in actual mutiny, is punishable by death.
- Giving or fabricating false evidence upon which an innocent person suffers death (Section 194 of IPC): This offence also attracts the death penalty due to its severe consequences.
Statutory Provisions on Submission of Death Sentence for Confirmation
Section 366 of CrPC
Section 366 CrPC deals with the submission of the death sentence by the Court of Session for confirmation by the High Court. It provides:
- Submission of Proceedings: When a Court of Session passes a death sentence, the proceedings must be submitted to the High Court. The sentence cannot be executed unless confirmed by the High Court.
- Custody of the Convicted Person: The court passing the sentence is required to commit the convicted person to jail custody under a warrant.
The submission process is an important safeguard ensuring that no death sentence is executed without the oversight and confirmation of a higher judicial authority. The Court of Session, after passing the death sentence, submits the entire record of the case to the High Court, including the evidence, the judgement and any other relevant documents. This allows the High Court to comprehensively review the case.
Section 367 of CrPC
Section 367 CrPC empowers the High Court to direct further inquiry or additional evidence. It states:
- Further Inquiry or Additional Evidence: The High Court may order further inquiry or additional evidence if it deems necessary regarding the guilt or innocence of the convicted person.
- Presence of Convicted Person: The High Court can dispense with the presence of the convicted person during such inquiry or evidence collection unless it directs otherwise.
- Certification of Results: If the inquiry or evidence is not conducted by the High Court itself, the results must be certified to the High Court.
Section 367 empowers the High Court to seek further inquiry or additional evidence, which adds another layer of scrutiny. This provision is particularly important in cases where there might be doubts regarding the evidence or where new evidence might come to light. The High Court has the discretion to conduct the inquiry itself or direct the Court of Session to do so, ensuring that all aspects of the case are thoroughly examined.
Section 368 of CrPC
Section 368 CrPC provides the High Court with the authority to confirm the sentence or annul the conviction. It states:
Powers of the High Court: The High Court, in cases submitted under Section 366, may:
- Confirm the sentence or pass any other sentence warranted by law.
- Annul the conviction and convict the accused of any offence of which the Court of Session might have convicted him.
- Order a new trial on the same or an amended charge.
- Acquit the accused person.
Confirmation Order: No order of confirmation shall be made until the period allowed for preferring an appeal has expired or if an appeal is presented within such period, until such appeal is disposed of.
The High Court’s powers under Section 368 are extensive. It can confirm the death sentence, impose a different sentence, annul the conviction, order a new trial or acquit the accused. This broad range of options ensures that justice is served in accordance with the merits of each case. The proviso ensures that the accused has the opportunity to appeal, adding another layer of protection against wrongful execution.
Section 369 of CrPC
Section 369 CrPC stipulates that the confirmation of the death sentence or any new sentence or order passed by the High Court, must be signed by at least two Judges in cases where the High Court consists of two or more Judges.
The requirement that at least two Judges must sign the confirmation or new sentence ensures that the decision is not taken lightly and is subject to collective judicial scrutiny. This provision minimises the risk of error and ensures a higher standard of review.
Section 370 of CrPC
Section 370 CrPC outlines the procedure in case of a difference of opinion among the Judges. It states that when a case is heard before a Bench of Judges and there is an equal division in opinion, the case shall be decided as per the provisions of Section 392 CrPC.
In cases where Judges are equally divided in opinion, the provision ensures that the matter is resolved in accordance with Section 392, which provides for reference to another Judge or a larger Bench. This mechanism ensures that a divided opinion does not result in a miscarriage of justice.
Section 371 of CrPC
Section 371 CrPC details the procedure for cases submitted to the High Court for confirmation. It mandates that the proper officer of the High Court must, without delay, send a copy of the order, under the seal of the High Court and attested with his official signature, to the Court of Session after the order of confirmation or any other order has been made by the High Court.
This section ensures that once the High Court has made an order, it is communicated promptly and officially to the Court of Session. This formal communication is essential for maintaining the procedural integrity and ensuring that all judicial orders are properly recorded and acted upon.
Case Laws on Submission of Death Sentence for Confirmation
Jagmohan Singh v. State of UP (1973)
In Jagmohan Singh v. State of UP, the Supreme Court held that the deprivation of life is constitutionally permissible under Article 21 of the Constitution of India, 1950, provided it is done according to the procedure established by law. The death sentence imposed after a trial conducted in accordance with legally established procedures under the CrPC is thus constitutional.
Bachan Singh v. State of Punjab (1980)
Bachan Singh vs State of Punjab is pivotal in the jurisprudence of the death penalty in India. The Supreme Court introduced the “rarest of rare cases” doctrine, stating that the death penalty should only be awarded in the rarest of rare cases where the alternative option is unquestionably foreclosed. This principle has since guided courts in determining the appropriateness of the death penalty.
The Role of High Courts in Death Sentence Confirmation
The High Courts play a pivotal role in the confirmation of death sentences. Their oversight ensures that all death sentences are thoroughly reviewed for legal and factual correctness. This appellate review mechanism serves as an important check against judicial errors and potential miscarriages of justice. The High Courts have the authority to reassess the evidence, consider new evidence and re-evaluate the legal aspects of the case, thereby ensuring a comprehensive review process.
Constitutional Safeguards and Judicial Precedents on Submission of Death Sentence for Confirmation
The Indian Constitution, through Article 21, provides the fundamental right to life and personal liberty, which can only be deprived according to the procedure established by law. The judicial precedents set by the Supreme Court in cases like Jagmohan Singh and Bachan Singh have reinforced the constitutional safeguards against arbitrary deprivation of life. These precedents underscore the necessity of a fair and rigorous legal process before imposing the death penalty.
Conclusion
The procedure for the submission and confirmation of death sentences in India is designed to ensure the highest standards of judicial scrutiny and fairness. Sections 366 to 371 of the CrPC provide a detailed framework for this process, incorporating multiple layers of review and safeguards to prevent miscarriages of justice.
The role of the High Courts in this process is paramount, ensuring that every death sentence is reviewed comprehensively and impartially. The statutory provisions, coupled with judicial precedents, form a legal framework that upholds the principles of justice and human rights.
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