CHAPTER XXX: SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
This chapter details the automatic and mandatory review process for all death sentences. A death sentence cannot be carried out until a High Court confirms it.
Section 407: Sentence of death to be submitted by Court of Session for confirmation
- Sub-section (1):
- Simple English: When a Court of Session passes a sentence of death, it must “forthwith” (immediately) submit the entire case proceeding to the High Court for review.
- The Rule: The death sentence “shall not be executed” unless and until it is “confirmed by the High Court.”
- Real-World Example: A Sessions Judge in Patna finds an accused guilty of murder and sentences him to death. That judge’s order is not final. The entire case file is immediately sealed and sent to the Patna High Court.
- Sub-section (2):
- Simple English: The Sessions Court must (after passing the sentence) send the convicted person to jail under a warrant to be held in custody while they await the High Court’s decision.
Section 408: Power to direct further inquiry to be made or additional evidence to be taken
This section explains what the High Court can do when it receives the case for confirmation.
- Sub-section (1):
- Simple English: If the High Court, while reviewing the death sentence, feels that:
- A “further inquiry” is needed (e.g., a fact was not properly investigated), OR
- “Additional evidence” needs to be taken (e.g., a witness was missed),
- …the High Court can either take that evidence itself or direct the Court of Session to do it and send the new evidence back.
- Real-World Example: The High Court is reviewing a death sentence. It finds that the alibi of the accused was not properly investigated by the police. The High Court directs the Sessions Judge to “conduct a further inquiry” on the alibi, hear any new alibi witnesses, and send this new evidence to the High Court.
- Simple English: If the High Court, while reviewing the death sentence, feels that:
- Sub-section (2):
- Simple English: The convicted person’s presence can be waived when this additional inquiry is being made (unless the High Court specifically orders them to be present).
- Sub-section (3):
- Simple English: If the Sessions Court takes the new evidence, it must “certify” (formally send) the results back to the High Court.
Section 409: Power of High Court to confirm sentence or annul conviction
This section lists the final powers of the High Court in a death sentence review.
- Simple English: After reviewing the entire case, the High Court may do one of three things:
- (a) Confirm the sentence: Agree with the Sessions Court and finalize the death penalty. It can also pass any other sentence (e.g., reduce it to life imprisonment).
- (b) Annul (cancel) the conviction: It can find the person “guilty” of a lesser offence (e.g., change “murder” to “culpable homicide”). It can also order a new trial if it finds the first one was flawed.
- (c) Acquit the accused person: Find the person “not guilty” and set them free.
- Real-World Example: The High Court reviews the Patna death sentence. It decides the evidence is weak. It passes an order “annulling the conviction” for murder and instead “convicts the accused of culpable homicide,” passing a sentence of 10 years in jail. OR, it could “acquit the accused” entirely.
- Proviso:
- Simple English: The High Court cannot confirm a death sentence until the time limit for the convict to file their own appeal has expired. If the convict has filed an appeal, the High Court must hear both the “confirmation” case (from the court) and the “appeal” (from the convict) together.
Section 410: Confirmation or new sentence to be signed by two Judges
- Simple English: When a High Court (which has many judges) hears a death sentence case, it is heard by a “Division Bench” of at least two judges.
- The Rule: The final order (whether to confirm, acquit, or change the sentence) must be “made, passed and signed by at least two of them.” A single judge cannot confirm a death sentence.
- Real-World Example: Justice ‘A’ and Justice ‘B’ of the High Court hear the death sentence case. They both must agree and both must sign the final order to confirm the death penalty.
Section 411: Procedure in case of difference of opinion
This section explains what happens if a High Court bench of two judges disagrees on confirming a death sentence.
- Simple English: If the High Court bench hearing the death sentence case has an equal number of judges (e.g., a 1-1 split on a two-judge bench) and they are “equally divided in opinion” (one judge wants to confirm the death sentence, the other wants to acquit or reduce it), the case is not decided.
- The Procedure: The case must then be “laid before another Judge” of that same High Court (a “third judge”). This third judge will hear the case, and the final judgment will follow the opinion of that third judge.
- Proviso: If one of the original judges, or the new third judge, requires it, the case can be re-heard by an even larger bench (e.g., three or five judges).
- Real-World Example: Justice ‘A’ and Justice ‘B’ hear a death sentence confirmation. Justice ‘A’ writes a judgment confirming the death sentence. Justice ‘B’ writes a dissenting judgment acquitting the accused. Due to this 1-1 split, the case is referred to a third judge, Justice ‘C’. Justice ‘C’ hears the arguments and agrees with Justice ‘B’ (to acquit). The final judgment of the High Court will be an acquittal, as that is now the majority opinion (2-1).
Section 412: Procedure in cases submitted to High Court for confirmation
- Simple English: This is the final administrative step. After the High Court has passed its final order (to confirm, acquit, or alter the sentence), the “proper officer” (the Registrar) of the High Court must, without delay, send an official, sealed, and signed copy of that order back down to the original Court of Session.
- Real-World Example: The High Court confirms a death sentence on Tuesday. The High Court Registrar immediately prepares a certified copy of the confirmation order and sends it (physically or electronically) to the Sessions Judge who first passed the sentence.
