SENTENCE WHICH REQUIRES CONFIRMATION

SENTENCE WHICH REQUIRES CONFIRMATION

• Ä  In what cases sentence awarded by courts always require confirmation in order to make at final? What court confirms it and what are the powers of appellate court in such cases?

INTRODUCTION

RELEVANT PROVISION

Section 374 to 382 of CrPC.

SENTENCE WHICH REQUIRES CONFIRMATION U/SEC 374

When the Court of Session passes sentence of death the High Court confirms the sentence.

SUBMISSION OF PROCEEDINGS BY THE COURT OF SESSION

POWERS OF HIGH COURT U/Sec 375

I-                    FURTHER INQUIRY

II-                  TAKE ADDITIONAL EVIDENCE

MODE OF MAKING INQUIRY OR TAKING EVIDENCE

i-                    High Court may make inquiry or take additional evidence itself.

ii-                   High court may direct to Court of Session to make inquiry or take additional evidence.

PRESENCE OF CONVICTED PERSON IS NOT NECESSARY

The presence of convicted person is not necessary.

POWER OF HIGH COURT TO CONFIRM OR ANNUAL CONVICTION U/SEC 376

I-                    CONFIRM THE SENTENCE

II-                  PASS ANY OTHER SENTENCE

III-                ANNUAL THE CONVICTION

IV-               ORDER A NEW TRIAL

V-                 ACQUIT THE ACCUSED

CONFIRMATION OR NEW SENTENCE TO BE SIGNED BY TWO JUDGES U/SEC 377

PROCEDURE IN CASE OF DIFFERENCE OF OPINION U/SEC 378

PROCEDURE IN CASE SUBMITTED TO HIGH COURT FOR CONFIRMATION U/SEC 379

EXECUTION OF ORDER PASSED U/SEC 376, U/SEC 381

i-                    By issuing a warrant; or

ii-                   Taking such other steps as may be necessary

Exception

POSTPONEMENT OF DEATH SENTENCE ON PREGNANT WOMAN U/SEC 382

CONCLUSION