Discuss the provisions in the Code relating to the death sentence passed by the Court of Sessions and submitted for confirmation to the High Court.

Question: Discuss the provisions in the Code relating to the death sentence passed by the Court of Sessions and submitted for confirmation to the High Court. [Raj j 1994, MPCJ 2002]

Find the answer only on Legal Bites. [Discuss the provisions in the Code relating to the death sentence passed by the Court of Sessions and submitted for confirmation to the High Court.]

Answer

Section 366 in the Code of Criminal Procedure, 1973 talks about the “sentence of death to be submitted by Court of Session for confirmation”. It states:

“(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.”

It is only in cases in which a sentence of death has been passed that the Judge should refer the proceedings to the High Court, and the High Court can only deal with them as a Court of reference. It is the practice of the High Court to be satisfied with the facts as well as the law of the case that the conviction is right before it proceeds to confirm that sentence. The High Court has to come to its own independent conclusion as to the guilt or innocence of the accused, independently of the opinion of the Judge.

In State of Tamil Nadu v. Rajendran, (1999) 8 SCC 679 the Hon’ble Supreme Court has explained in the following words the duty of the High Court on a reference:

“When a reference is made to the High Court under section 366 by the Sessions Judge on passing a sentence of death, the High Court has to satisfy itself whether a case beyond reasonable doubt has been made out against the accused for infliction of the extreme penalty of death.

The proceedings before the High Court in such a case require a reappraisal and reassessment of the entire facts and law so that it may come to its independent conclusion but, while so doing, the High Court cannot also totally overlook the conclusion arrived at by the Sessions Judge. In performing its duty, the High Court is of necessity bound to consider the merits of the case itself and has to examine the entire evidence on record.”

Moreover, Sub-section (2) of this provision confers statutory power on the Sessions Court to keep the accused in prison until the sentence is executed in due course.

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