Execution of order passed under Section 368, Execution of sentence of death passed by High Court, Postponement of execution of sentence of death in case of appeal to Supreme Court and Postponement of capital sentence on pregnant woman are defined under Section 413, 414, 415 and 416 of CRPC 1973. Provisions under these sections are:
Section 413 of CRPC "Execution of order passed under Section 368"
When in a case submitted to the High Court for the confirmation of a sentence of death, the Court of Session receives the order of confirmation or other order of the High Court thereon, it shall cause such order to be carried into effect by issuing a warrant or taking such other steps as may be necessary
Section 414 of CRPC "Execution of sentence of death passed by High Court"
When a sentence of death is passed by the High Court in appeal or in revision, the Court of Session shall, or receiving the order of the High Court, cause the sentence to be carried into effect by issuing a warrant.
Section 415 of CRPC "Postponement of execution of sentence of death in case of appeal to Supreme Court"
(1) Where a person is sentenced to death by the High
Court and an appeal from its judgment lies to the Supreme
Court under sub-clause (a) or sub-clause (b) of Clause (1)
of Article 134 of the Constitution, the High Court shall
order the execution of the sentence to be postponed until
the period allowed for preferring such appeal has expired,
or if an appeal is preferred within that period, until such
appeal is disposed of.
(2) Where a sentence of death is passed or confirmed by the
High Court, and the person sentenced makes an application to
the High Court for the grant of a certificate under Article
132 or under sub-clause (c) of Clause (1) of Article 134 of
the Constitution, the High Court shall order the execution
of the sentence to be postponed until such application is
disposed of by the High Court or if a certificate is granted
on such application, until the period allowed for preferring
an appeal to the Supreme Court on such certificate has
expired.
(3) Where a sentence of death is passed or confirmed by the
High Court, and the High Court is satisfied that the person
sentenced intends to present a petition to the Supreme Court
for the grant of special leave to appeal under Article 136
of the Constitution, the High Court shall order the
execution of the sentence to be postponed for such period as
it considers sufficient to enable him to present such
petition.
Section 416 of CRPC "Postponement of capital sentence on pregnant woman"
If a woman sentenced to death is found to be pregnant, the High Court shall 1 [****], commute the sentence to imprisonment for life.
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1. Certain words omitted by Act 5 of 2009, s. 30 (w.e.f. 31-12-2009).
EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
Levy of fine
General provisions regarding execution
Suspension, remission and commutation of sentences