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Chapter 28 – Submission Of Death Sentences For Confirmation

Section 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.

Section 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.

Section 368 – Power of High Court to confirm sentence or annul conviction

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

  1. may confirm the sentence, or pass any other sentence warranted by law, or
  2. 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
  3. 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.

Section 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.

Section 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.

Section 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.