Process After Confirming Death Sentence Under CrPC

Introduction:

All punishments are based on the same proposition i.e. a penalty has to be imposed for Misdemeanor. There are two main reasons to get the penalty administered. One is that conviction is both right and fair that someone who has done wrong will pay for it; the other is the belief that punishing wrongdoers discourages others from committing offences or the wrongdoings.

As other punishments, Capital punishment also rests on the same proposition.

Death Penalty

The death penalty is also called capital punishment. It is the execution of an offender sentenced to death of a criminal offence. After conviction by the court of law. Crimes which can lead to death penalty are known as capital crimes or capital crimes. The word capital derives from the Latin capitalis, literally “in terms of the head” (referring to beheading execution).

The execution was imposed in colonial India as one of the sentences found in the Indian Penal Code 1860 (IPC); which listed a variety of capital crimes. This remained in force after independence in 1947.

In 1983, the Supreme Court of India ruled. That the death penalty could only be enforced in “the rarest of rare cases”. While noting that honour killings fell under the definition of “the rarest of the rare,” the Supreme Court proposed. That the death penalty be applied to those found guilty of committing “honour killings,” which deserve to be a capital crime. India imposes death sentence on a variety of serious crimes. Since 1995 the Indian Supreme Court has allowed the death penalty to be imposed in four cases.

Procedure After the Verdict is Passed

Section 366 of CRPC defines-Sentence of death to be submitted by Court of Session for confirmation.

1. Where a death penalty is imposed by the Court of Session. The case shall be taken before the High Court and the punishment shall not be enforced unless approved by the High Court.
2. The sentencing court shall sentence the person convicted to criminal detention under a warrant.

Section 367 of CRPC defines “Power to direct further inquiry to be made or additional evidence to be taken”.

1. If, after initiating these proceedings, the High Court finds that further investigation or additional evidence should be conducted. Any argument relating to the convicted person’s guilt or innocence. It may make some examination or take these evidence itself, or order it to be produced or taken by the Court of Session.
2.  Until otherwise ordered by the High Court, where any enquiry is made or such testimony is obtained. The presence of the convicted person can be dispensed.
3. Where the High Court does not render or accept the investigation or testimony (if any) the result of any investigation or testimony shall be confirmed to that Court.

Section 368 of CrPC states– Power of a High Court to confirm sentence or annul conviction.

In any case put before the High Court under section 366,-

1. may uphold a sentence or transfer some other sentence warranted by law or
2. may annul the conviction, and prosecute the victim of any crime. That may have been punished by the Court of Session, or order a new trial on the same or revised charge, or
3. Also may acquit the accused person:

Provided that no order of approval under this provision is made until the time permitted for the consideration of an appeal has elapsed. Or if an appeal is lodged within that time until such appeal is disposed of.

Section 369 of CrPC–  Confirmation or new sentence to be signed by two judges

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

 Section 370 of CrPC defines- Procedure in case of difference in opinions

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

Section 371 of CrPC defines- Procedure in case 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.

Revocation of Death Sentence After Confirmation by the High Court

Once the death penalty of the convicted person has been approved by the High Court and then by the Supreme Court, the convict still has an option of filing a mercy petition before the President of India or the Governor of the State.

Pardoning Powers

The President and Governors’ existing statutory clemency powers derive from the Government of India Act,1935, but the President and Governors in independent India have no prerogative clemency rights, unlike the Governor-General.

PRESIDENT

Article 72 provides that the President shall be empowered to issue pardons, reprieves, respites or remissions of imprisonment or to terminate, parole or commute the sentence of any person guilty of any crime. The Indian President’s pardoning powers are elucidated in Article 72 of the Indian Constitution. There are five different pardoning forms that are allowed by statute.

• Pardon: means absolving the offender from the crime entirely and making him go home. The forgiven criminal becomes like a normal citizen.
• Commutation: means, for example, changing the type of punishment imposed on the guilty into a less harsh one, a death penalty commuted to a life sentence.
• Reprieve: means a pause required for a convicted person in executing a sentence, normally a death penalty, to give him enough time to apply for Presidential Pardon or any other legitimate relief to prove his innocence or complete rehabilitation;
• Respite: involves minimizing the quantum or degree of penalty to a convict in the face of any specific conditions, such as maternity, medical illness, etc.
• Remission: involves changing the amount of the penalty without altering the essence of the sentence, for example limiting twenty years imprisonment to ten years.

Cases as provided for in Article 72

1. In all cases where the sentence or punishment is by a court-martial;
2. In other cases where the fine or conviction is for a crime against any statute pertaining to an issue over which the Union’s executive authority extends;
3. For all cases where the punishment is a death sentence.

GOVERNOR

1. The Governor can award pardons, reprieves, reliefs and remissions of sentences or revoke, remit and commute the sentence of any person convicted of any crime against any law relating to a topic to which the State’s executive authority applies.
2. The Governor can not pardon a Sentence of Death. (The President has the power of Death Sentence forgiveness).
3. The Governor is unable to grant parole, restitution, relief, revocation, remission or commutation in lieu of a court martial’s fine or imprisonment. However, the President can do so.

Conclusion

It should be remembered that, after a session (trial) court has granted the death penalty, a High Court must validate the penalty in order to make it permanent. If confirmed, the accused person has the chance of taking an appeal to the Supreme Court. If that is not practicable, or if the Supreme Court dismisses the appeal or declines to hear the petition, the convicted individual may file a ‘mercy petition’ to the President of India or the Governor of the state.