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Form No. 40 of Code of Criminal Procedure

Form No. 40

Warrant of commitment under sentence of death

See section 366

To the Officer in charge of the Jail at ____

WHEREAS at the Session held before me on the ____ day of ____, 20 ____, (name of prisoner) the (1st, 2nd, 3rd, as the case may be) prisoner in case No ____ of the Calendar for20 ____ at the said Session, was duly convicted of the offence of culpable homicide amounting to murder under section ____ of the Indian Penal Code, and sentenced to death. subject to the confirmation of the said sentence by the ____ Court of ____ ;

This is to authorise and require you to receive the said ____ (prisoner's name) into your custody in the said Jail, together with this warrant, and him there safely to keep until you shall receive the further warrant of order of this Court, carrying into effect the order of the said ____ Court.

Dated, this ____ day of ____, 20 ____

(Seal of the Court)

(Signature)

 

 

Form No. 41 of Code of Criminal Procedure

Form No. 41

Warrant after a commutation of a sentence

See Sections 386, 413 and 416

To the Officer in charge of the Jail at ____

WHEREAS at a Session held on the ____, day of ____, 20 ____, ____ (name of prisoner) the (1st, 2nd, 3rd, as the case may be) prisoner in case No. ____, of the Calendar for20 ____, at said Session, was convicted of the offence of ____ punishable under section ____ of the Indian Penal Code, and sentenced to ____, and was thereupon committees to your custody; and whereas by the order of the ____ Court of ____ (a duplicate of which is hereunto annexed) the punishment adjudged by the said sentence has been commuted to the punishment of imprisonment for life;

This is to authorise and require you safely to keep the said ____ (prisoner's name) in your custody in the said jail, as by law is required, until he shall be delivered over by you to the proper authority and custody for the purpose of his undergoing the punishment of imprisonment for under the said order,

or

if the mitigated sentence is one of imprisonment, say, after the words "custody in the said jail", and there to carry into execution the punishment of imprisonment under the said order according to law",

Dated, this ____ day of ____, 20 ____

(Seal of the Court)

(Signature) 

 

Form No. 42 of Code of Criminal Procedure

Form No. 42

Warrant of execution of a sentence of death

See sections 413 and 414

To the Officer in charge of the Jail at ____

WHEREAS ____ (name of prisoner) the (1st, 2nd, 3rd, as the case may be) prisoner in case No ____, of the Calendar for20 ____, at said Session, held before me on the ____ day of ____ 20 ____ has been by a warrant of the Court, dated the day ____ of ____ committed to your custody under sentence of death; ____ and whereas the order of the High Court at ____ confirming the said sentence has been received by this Court;

This is to authorise and require you to carry the said sentence into execution by causing the said ____ to be hanged by the neck until he be dead, at ____ (time and place of execution) and to return this warrant to the Court with an endorsement certifying that the sentence has been executed.

Dated, this ____ day of ____, 20 ____

(Seal of the Court)

(Signature)

 

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