CrPC Forms 40, 41 and 42: Death Sentence, Commutation and Execution Warrants
Forms 40, 41 and 42 formed part of the Second Schedule to the Code of Criminal Procedure, 1973. They prescribed warrants used in connection with a sentence of death, a commuted sentence, and execution of a confirmed death sentence under the CrPC framework applicable before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force.
Relevant CrPC provisions before BNSS
Section 366 - Sentence of death to be submitted by Court of Session for confirmation: where a Court of Session passed a sentence of death, the proceedings had to be submitted to the High Court. The sentence could not be executed unless confirmed by the High Court, and the convicted person was committed to jail custody under a warrant.
Section 386 - Powers of the Appellate Court: this provision stated the orders that an appellate court could pass in an appeal, including alteration of findings or sentences within the limits prescribed by law.
Section 413 - Execution of order passed under section 368: after the Court of Session received the High Court's order in a death-reference case, it was required to carry that order into effect by issuing a warrant or taking other necessary steps.
Section 414 - Execution of sentence of death passed by High Court: where the High Court itself passed a death sentence in appeal or revision, the Court of Session, on receiving the High Court's order, was required to cause the sentence to be carried into effect by issuing a warrant.
Section 416 - Postponement of capital sentence on pregnant woman: if a woman sentenced to death was found to be pregnant, the High Court was required to commute the sentence to imprisonment for life.
CrPC Form No. 40 - Warrant of Commitment Under Sentence of Death
Form 40 was linked to section 366 CrPC. Its purpose was to commit a person sentenced to death by the Court of Session to jail custody while the sentence remained subject to confirmation by the High Court.
FORM No. 40
(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 for 20____ 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 or order of this Court, carrying into effect the order of the said __________ Court.
Dated, this __________ day of __________, 20____.
CrPC Form No. 41 - Warrant After a Commutation of a Sentence
Form 41 referred to sections 386, 413 and 416 CrPC. It provided the warrant used after the punishment imposed by a sentence had been commuted, including commutation to imprisonment for life or another term of imprisonment.
FORM No. 41
(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 the prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. __________ of the Calendar for 20____ at the said Session, was convicted of the offence of __________, punishable under section __________ of the Indian Penal Code, and sentenced to __________, and was thereupon committed 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 life 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____.
CrPC Form No. 42 - Warrant of Execution of a Sentence of Death
Form 42 referred to sections 413 and 414 CrPC. It was the prescribed warrant directing the jail authority to execute a death sentence after receipt of the requisite High Court order under the CrPC framework.
FORM No. 42
(See sections 413 and 414)
To the Officer in charge of the Jail at __________.
WHEREAS __________ (name of the prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. __________ of the Calendar for 20____ at the 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____.
Official CrPC text and use of these forms
The forms above should be read with the statutory provisions governing confirmation, commutation and execution of sentences. The official text of the Code of Criminal Procedure, 1973 on India Code may be consulted for the relevant provisions and schedules.
Because the criminal procedure regime changed with commencement of the BNSS, users dealing with a present-day matter should first identify whether the proceeding is governed by the BNSS or continues under the saved CrPC procedure. This page is maintained specifically as a reference to the law and prescribed forms applicable before implementation of the BNSS.
Legal information on this page is intended for reference. Court forms should be checked against the law, applicable rules, judicial directions and the procedural regime governing the particular case.