Sentence of death to be submitted by Court of Session for confirmation. What is Power to direct further inquiry to be made or additional evidence to be taken? Section 366 and 367 of Code of Criminal Procedure 1973

Sentence of death to be submitted by Court of Session for confirmation and Power to direct further inquiry to be made or additional evidence to be taken are defined under Section 366 and 367 of CRPC 1973. Provisions under these sections are:

Section 366 of CRPC "Sentence of death to be submitted by Court of Session for confirmation"

 

 

 

 

(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.

 

Section 367 of CRPC "Power to direct further inquiry to be made or additional evidence to be taken"

(1)If, when such proceedings are submitted, the High Court thinks that further inquiry should be made into, or additional evidence taken upon, any point bearing upon the guilt or innocence of the convicted person, it may make such inquiry or take such evidence itself, or direct it to be made or taken by the Court of Session.

(2) Unless the High Court otherwise directs, the presence of the convicted person may be dispensed with when such inquiry is made or such evidence is taken.

(3) When the inquiry or evidence (if any) is not made or taken by the High Court, the result of such inquiry or evidence shall be certified to such Court.

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