SUBMISSION OF DEATH SENTENCES FOR CONFIRMATIONCentral

Section 412 of The Bharatiya Nagarik Suraksha Sanhita, 2023

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 either physically, or through electronic means, a copy of the order, under the seal of the High Court and attested with his official signature, to the Court of Session.

Summary

This provision outlines how the High Court must communicate its final decision regarding a death sentence back to the lower court.
The High Court officer must send a copy of the order to the Court of Session without any delay.
This order can be sent as a physical document or through electronic means.
The document must be formal, bearing the official seal of the High Court and the signature of the proper officer.

Practical examples

1The High Court confirms a death sentence for a prisoner named Arjun. A court officer immediately signs the order, stamps it with the red High Court seal, and emails a digital copy to the Sessions Judge in Arjun's home district so the local authorities can take action.

2After reviewing a case, the High Court decides to acquit a woman who was previously sentenced to death. To ensure she is not held longer than necessary, the High Court's proper officer sends the official signed and sealed acquittal order physically to the Court of Session on the very same day.

FAQ

1. How does a Sessions Court find out if a death sentence was confirmed under the Bharatiya Nagarik Suraksha Sanhita, 2023?

Under Section 412 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the proper officer of the High Court must send a signed and sealed copy of the order to the Court of Session.

2. Can death sentence confirmation orders be sent via email under the Bharatiya Nagarik Suraksha Sanhita, 2023?

Yes, Section 412 of the Bharatiya Nagarik Suraksha Sanhita, 2023 explicitly allows the High Court to send the order through electronic means.

3. What formalities are required for an order sent under Section 412 of the Bharatiya Nagarik Suraksha Sanhita, 2023?

The order must bear the seal of the High Court and be attested with the official signature of the proper High Court officer.

Test yourself

Q1.Under Section 412 of the Bharatiya Nagarik Suraksha Sanhita, 2023, who is responsible for sending the order to the Court of Session?

Q2.According to Section 412 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what two things must be on the copy of the order?

Q3.In what timeframe must the High Court act under Section 412 of the Bharatiya Nagarik Suraksha Sanhita, 2023?

Q4.Which method of delivery is allowed for the order under Section 412 of the Bharatiya Nagarik Suraksha Sanhita, 2023?

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