What is Execution of order passed under Section 368? What is Execution of sentence of death passed by High Court? What is Postponement of execution of sentence of death in case of appeal to Supreme Court? What is Postponement of capital sentence on pregnant woman?. Section 413, 414, 415 and 416 of Code of Criminal Procedure 1973

Execution of order passed under Section 368, Execution of sentence of death passed by High Court,  Postponement of execution of sentence of death in case of appeal to Supreme Court and Postponement of capital sentence on pregnant woman are defined under Section 413, 414, 415 and 416 of CRPC 1973. Provisions under these sections are:

 

Section 413 of CRPC "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

 

 

 

 

 

Section 414 of CRPC "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, or receiving the order of the High Court, cause the sentence to be carried into effect by issuing a warrant.

 

Section 415 of CRPC "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.

 

Section 416 of CRPC "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.

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