Is the execution of the death sentence postponed in case of an appeal to the Supreme Court?

Question: Is the execution of the death sentence postponed in case of an appeal to the Supreme Court?

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Answer

The High Court under the Code of Criminal Procedure has been empowered to postpone the execution of the death sentence. Section 415 of the Code of Criminal Procedure lays down the provision regarding postponement of execution of sentence of death in case of appeal to the Supreme Court. The section runs down as below:

“(1) Where a person is sentenced to death by the High Court and an appeal from its judgment lies to the Supreme Court under sub-clause (a) or sub-clause (b) of clause (1) of article 134 of the Constitution, the High Court shall order the execution of the sentence to be postponed until the period allowed for preferring such appeal has expired, or if an appeal is preferred within that period until such appeal is disposed of.

(2) Where a sentence of death is passed or confirmed by the High Court, and the person sentenced makes an application to the High Court for the grant of a certificate under article 132 or under sub-clause (c) of clause (1) of article 134 of the Constitution, the High Court shall order the execution of the sentence to be postponed until such application is disposed of by the High Court, or if a certificate is granted on such application until the period allowed for preferring an appeal to the Supreme Court on such certificate has expired.

(3) Where a sentence of death is passed or confirmed by the High Court, and the High Court is satisfied that the person sentenced intends to present a petition to the Supreme Court for the grant of special leave to appeal under article 136 of the Constitution, the High Court shall order the execution of the sentence to be postponed for such period as it considers sufficient to enable him to present such petition.”

This provision provides for postponement of execution of a death sentence passed by the High Court where an appeal against the judgment of the High Court passing or confirming the death sentence can be referred to the Supreme Court under the Constitution.

Such Appeal lies

• as of right under Article 134(1)(a) or (b); or
• when the High Court on the application of the accused issues a certificate of fitness under Article 132 or 134(1)(c) and
• when the Supreme Court is approached for grant of special leave under Article 136 of the Constitution.

This new provision is made in order that the appeal to the Supreme Court if preferred, is not rendered infructuous and to safeguard the interests of the condemned prisoner who may ultimately be acquitted, or his sentence reduced by the Supreme Court.

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