CHAPTER XXXII - EXECUTION, SUSPENSION, REMISSION AND
COMMUTATION OF SENTENCES
A—Death sentences
413. Execution of order passed under section 368.
When
in a case submitted to the High Court for the confirmation of a sentence of
death, the
Court
of Session receives the order of confirmation or other order of the High Court
thereon, it
shall
cause such order to be carried into effect by issuing a warrant or taking such
other steps as
may
be necessary.
Comments
No
fixed period of delay could be held to make the death sentence inexecutable; Triveniben
(Smt.) v. State of Gujarat, (1989) Cr
LJ 870: AIR 1989 SC 142.
414. Execution of sentence of death passed by High Court.
When
a sentence of death is passed by the High Court in appeal or in revision, the
Court of
Session
shall, on receiving the order of the High Court, cause the sentence to be
carried into
effect
by issuing a warrant.
415. Postponement of execution of sentence of death in case of
appeal to Supreme Court.
(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.
416. Postponement of capital sentence on pregnant woman.
If
a woman sentenced to death is found to be pregnant, the High Court shall order
the execution
of
the sentence to be postponed, and may, if it thinks fit, commute the sentence
to imprisonment
for
life.
