In the Indian legal system, when a person is sentenced to death, there is a specific process for confirmation of the death sentence, as outlined in Sections 366 to 371 of the Code of Criminal Procedure (CrPC). These sections provide the legal framework for confirming and appealing against a death sentence.
Sections 366-371 of the CrPC: Confirmation of Death Sentence and Appeal
Section 366 – Judgment of Confirmation or Condemnation
- After a person has been sentenced to death, the court must submit the proceedings and the judgment to the High Court for confirmation of the death sentence.
Section 367 – Condemned persons to be confined
- Pending the confirmation of the death sentence, the person sentenced to death must be kept in solitary confinement.
Section 368 – Issues before confirmation of the death sentence
- The High Court, upon receiving the judgment for confirmation, considers various issues, including the legality of the conviction, the propriety of the sentence, and any other matter that may have been raised by the accused.
Section 369 – Power of High Court to reverse the verdict
- The High Court has the authority to reverse the verdict and acquit the accused if it finds that there were errors or irregularities in the trial.
Section 370 – Statements of witnesses under special circumstances
- If it is suspected that the witness is not alive or cannot be found, or their attendance cannot be procured without an amount of delay, their statements may be used as evidence before the High Court.
Section 371 – Confirmation of death sentence
- After considering all the relevant factors and issues, the High Court may confirm the death sentence or may commute it to a lesser punishment, such as life imprisonment. If confirmed, the sentence is executed as per the law.
The process for confirming a death sentence is a critical and thorough legal procedure. It involves a review of the entire case, the examination of any issues raised by the accused, and a consideration of whether the death sentence is appropriate in the circumstances. It is important to ensure that the rights and legal protections of the accused are upheld throughout this process.
If the death sentence is confirmed, the accused has the right to appeal to higher courts, such as the Supreme Court of India, seeking a review of the decision. The appeals process provides further safeguards to protect the rights of the accused and to ensure a fair and just determination of the case.
Case laws
| Case Law | Key Principles and Contributions |
|---|---|
| Bachan Singh vs. State of Punjab (1980) | – Introduced the “rarest of rare” doctrine for imposing the death penalty. – Emphasized that the death penalty should be reserved for the most exceptional cases. |
| Machhi Singh vs. State of Punjab (1983) | – Further clarified the “rarest of rare” doctrine. – Provided a structured framework for assessing the circumstances of the crime to determine the death penalty’s appropriateness. |
| Devender Pal Singh vs. State of NCT of Delhi (2002) | – Emphasized that while confirming a death sentence, the court should examine the brutality of the crime, the character of the accused, and the likelihood of reform. |
| Santosh Bariyar vs. State of Maharashtra (2009) | – Reiterated the principles in Bachan Singh and Machhi Singh. – Highlighted the importance of examining the motive, nature of the crime, and the possibility of reform. |
| Shyam Nandan vs. State of West Bengal (2011) | – Emphasized that the antecedents of the accused and the probability of reform should be considered when confirming a death sentence. |
| P.N. Sanjeevanna vs. State of Karnataka (2007) | – Highlighted that strong mitigating circumstances, such as the accused’s young age, lack of previous criminal record, or mental illness, can lead to the commutation of a death sentence to life imprisonment. |
