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The Code of Criminal Procedure, 1973

CHAPTER XXVIII : SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION



366. 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.

367. 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 a 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.

368. Power of High Court to confirm sentence or annul conviction

In any case submitted under section 366, the High Court-

(a) may confirm the sentence, or pass any other sentence warranted by law, or

(b) may annul the conviction, and convict the accused of any offence of which the Court of Session might have convicted him, or order a new trial on the same or an amended charge, or

(c) may acquit the accused person :

Provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of.

369. Confirmation or new sentence to be signed by two Judges

In every case so submitted, the confirmation of the sentence, or any new sentence or order passed by the High Court, shall, when such Court consists of two or more Judges, be made, passed and signed by at least two of them.

370. Procedure in case of difference of opinion

Where any such case is heard before a Bench of Judges and such Judges are equally divided in opinion, the case shall be decided in the manner provided by section 392.

371. Procedure in cases submitted to High Court for confirmation

In cases submitted by the Court of Session to the High Court for the confirmation of a sentence of death, the proper officer of the High Court shall, without delay, after the order of confirmation or other order has been made by the High Court, send a copy of the order, under the seal of the High Court and attested with his official signature, to the Court of Session.

The Code of Criminal Procedure, 1973

CHAPTER I: PRELIMINARY

CHAPTER II : CONSTITUTION OF CRIMINAL COURTS AND OFFICES

CHAPTER III : POWER OF COURTS

CHAPTER IV : A.-POWERS OF SUPERIOR OFFICERS OF POLICE

B.-AID TO THE MAGISTRATES AND THE POLICE

CHAPTER V : ARREST OF PERSONS

CHAPTER VI : PROCESSES TO COMPEL APPEARANCE

CHAPTER VII : PROCESSES TO COMPEL THE PRODUCTION OF THINGS

15[CHAPTER VII A : RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY

CHAPTER VIII : SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

CHAPTER IX : ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

CHAPTER X: MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

CHAPTER XI : PREVENTIVE ACTION OF THE POLICE

CHAPTER XII : INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

CHAPTER XIII : JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

CHAPTER XIV : CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

CHAPTER XV : COMPLAINTS TO MAGISTRATES

CHAPTER XVI : COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

CHAPTER XVII : THE CHARGE

CHAPTER XVIII : TRIAL BEFORE A COURT OF SESSION

CHAPTER XIX : TRIAL OF WARRANT-CASES BY MAGISTRATES

CHAPTER XX : TRIAL OF SUMMONS-CASES BY MAGISTRATES

CHAPTER XXI : SUMMARY TRIALS

CHAPTER XXII : ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

CHAPTER XXIII : EVIDENCE IN INQUIRIES AND TRIALS

CHAPTER XXIV : GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

CHAPTER XXV : PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

CHAPTER XXVI : PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

CHAPTER XXVII : THE JUDGEMENT

CHAPTER XXVIII : SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

CHAPTER XXIX : APPEALS

CHAPTER XXX : REFERENCE AND REVISION

CHAPTER XXXI: TRANSFER OF CRIMINAL CASES

CHAPTER XXXII: EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

CHAPTER XXXIII : PROVISIONS AS TO BAIL AND BONDS

CHAPTER XXXIV : DISPOSAL OF PROPERTY

CHAPTER XXXV : IRREGULAR PROCEEDINGS

CHAPTER XXXVI9 : LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

CHAPTER XXXVII : MISCELLANEOUS

THE FIRST SCHEDULE : CLASSIFICATION OF OFFENCES
II - CLASSIFICATION OF OFFENCES AGAINST OTHER LAWS

THE SECOND SCHEDULE