Submission Of Death Sentences For Confirmation MCQ Quiz - Objective Question with Answer for Submission Of Death Sentences For Confirmation - Download Free PDF

The correct answer is High Court.

Key Points

• As per Section 366 of the Code of Criminal Procedure (CrPC), 1973, the Court of Session is required to submit the proceedings of a death sentence to the High Court for confirmation.
• The High Court has the authority to confirm, modify, or annul the death sentence after thoroughly examining the case and evidence.
• This mandatory confirmation ensures an additional layer of judicial oversight in cases involving capital punishment.
• It acts as a safeguard to prevent arbitrary, erroneous, or unfair imposition of the death penalty by lower courts.
• The High Court reviews both procedural and substantive aspects of the case to ensure justice is served appropriately.

Additional Information

• Role of Supreme Court:
  • The Supreme Court does not directly confirm death sentences from Sessions Courts.
  • It reviews such cases only through appeals or special leave petitions after the High Court's decision.
• Tribunals and Magistrates:
  • Tribunals handle specific disputes (e.g., tax, administrative cases) and do not have jurisdiction over criminal cases involving death sentences.
  • Judicial Magistrates deal with lesser offenses and are not empowered to confirm or adjudicate death penalty cases.
• Presidential Clemency:
  • Under Article 72 of the Constitution of India, the President has the power to grant pardons, reprieves, respites, or remissions of punishment, including death sentences.
  • This is a final safeguard in the justice system to ensure humane considerations in extreme cases.
• Safeguards in Death Penalty Cases:
  • The multi-tiered review system ensures fairness and reduces the risk of judicial errors in capital punishment cases.
  • Judicial independence and thorough review processes are critical components of this system.

The correct answer is Option 4

Key Points

• Death Sentence Authority in India:
  • In India, the death sentence is governed by strict legal provisions to ensure justice and prevent misuse.
  • Under Section 366 of the Code of Criminal Procedure (CrPC), 1973, only a Court of Session can pass a death sentence after conducting a trial.
  • However, the sentence cannot be executed until it is confirmed by the High Court, as per Section 368 of the CrPC.
  • This dual-layered process ensures that the sentence is scrutinized at a higher judicial level for fairness and legality.
  • Once confirmed by the High Court, the death sentence can then proceed to the execution stage.

The correct answer is option 3.Key Points

• Section 366 of Criminal Procedure Code 1973 deals with 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.

The correct answer is Option 4.

Key Points

• The High Court can confirm a death sentence passed by the Court of Session under section 368 of the Code of Criminal Procedure, 1973. The High Court can also try a case pending before a subordinate court and pass a death sentence under section 407.
• In addition, the High Court can convict a person and pass a death sentence on appeal against an acquittal order passed by the Court of Session under section 386(a). 
• However, the Appellate Court can suspend the execution of a sentence or order appealed against if the convicted person files an appeal.
• The Appellate Court can also release the convicted person on bail or on their own bond if they are in confinement.
• The Appellate Court must record its reasons for suspending the sentence in writing.

Additional Information

• The sentence of death passed by the Court of Session cannot be executed unless the High Court confirms it.
• The Court that passes the sentence must commit the convicted person to jail custody under a warrant

The correct option is Option 3.

Key Points

• Sections 366 of 371 contained in Chapter XXVIII of the Criminal Procedure Code, 1973 deals with the confirmation of the death sentence and Chapter XXXII of CrPC deals with the execution of the death sentence.
• Section 368 of CrPC:-
  • This Section deals with the power of the High Court to confirm a sentence or annul a conviction.
  • It states that— In any case, submitted under section 366, the High Court— 
    • May confirm the sentence, or pass any other sentence warranted by law, or 
    • 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 
    • 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.

The correct answer is Option 4

Key Points

• Death Sentence Authority in India:
  • In India, the death sentence is governed by strict legal provisions to ensure justice and prevent misuse.
  • Under Section 366 of the Code of Criminal Procedure (CrPC), 1973, only a Court of Session can pass a death sentence after conducting a trial.
  • However, the sentence cannot be executed until it is confirmed by the High Court, as per Section 368 of the CrPC.
  • This dual-layered process ensures that the sentence is scrutinized at a higher judicial level for fairness and legality.
  • Once confirmed by the High Court, the death sentence can then proceed to the execution stage.

The correct answer is option 3.Key Points

• Section 366 of Criminal Procedure Code 1973 deals with 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.

The correct answer is Option 4.

Key Points

• The High Court can confirm a death sentence passed by the Court of Session under section 368 of the Code of Criminal Procedure, 1973. The High Court can also try a case pending before a subordinate court and pass a death sentence under section 407.
• In addition, the High Court can convict a person and pass a death sentence on appeal against an acquittal order passed by the Court of Session under section 386(a). 
• However, the Appellate Court can suspend the execution of a sentence or order appealed against if the convicted person files an appeal.
• The Appellate Court can also release the convicted person on bail or on their own bond if they are in confinement.
• The Appellate Court must record its reasons for suspending the sentence in writing.

Additional Information

• The sentence of death passed by the Court of Session cannot be executed unless the High Court confirms it.
• The Court that passes the sentence must commit the convicted person to jail custody under a warrant

The correct option is Option 3.

Key Points

• Sections 366 of 371 contained in Chapter XXVIII of the Criminal Procedure Code, 1973 deals with the confirmation of the death sentence and Chapter XXXII of CrPC deals with the execution of the death sentence.
• Section 368 of CrPC:-
  • This Section deals with the power of the High Court to confirm a sentence or annul a conviction.
  • It states that— In any case, submitted under section 366, the High Court— 
    • May confirm the sentence, or pass any other sentence warranted by law, or 
    • 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 
    • 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.

The correct answer is Section 366

Key Points

• Under Section 366 CrPC, when a Sessions Court passes a sentence of death, the sentence shall not be executed unless and until it is confirmed by the High Court.
• "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."
• Purpose:
  • Ensures a mandatory review of death penalty cases.
  • Acts as a safeguard to prevent any miscarriage of justice.
  • The High Court examines the case both on facts and law before confirming or altering the sentence.

Additional Information

• Option 2. Section 368 Deals with the powers of the High Court in confirming, modifying, or annulling a death sentence, but does not require the confirmation as Section 366 does.
• Option 3. Section 369 Pertains to finality of judgment delivered by a High Court—not related to confirmation of death sentences.
• Option 4. Section 371 Applies to Presidency-towns and special provisions for confirming death sentences under earlier law—not relevant under CrPC 1973 today.

The correct answer is High Court.

Key Points

• As per Section 366 of the Code of Criminal Procedure (CrPC), 1973, the Court of Session is required to submit the proceedings of a death sentence to the High Court for confirmation.
• The High Court has the authority to confirm, modify, or annul the death sentence after thoroughly examining the case and evidence.
• This mandatory confirmation ensures an additional layer of judicial oversight in cases involving capital punishment.
• It acts as a safeguard to prevent arbitrary, erroneous, or unfair imposition of the death penalty by lower courts.
• The High Court reviews both procedural and substantive aspects of the case to ensure justice is served appropriately.

Additional Information

• Role of Supreme Court:
  • The Supreme Court does not directly confirm death sentences from Sessions Courts.
  • It reviews such cases only through appeals or special leave petitions after the High Court's decision.
• Tribunals and Magistrates:
  • Tribunals handle specific disputes (e.g., tax, administrative cases) and do not have jurisdiction over criminal cases involving death sentences.
  • Judicial Magistrates deal with lesser offenses and are not empowered to confirm or adjudicate death penalty cases.
• Presidential Clemency:
  • Under Article 72 of the Constitution of India, the President has the power to grant pardons, reprieves, respites, or remissions of punishment, including death sentences.
  • This is a final safeguard in the justice system to ensure humane considerations in extreme cases.
• Safeguards in Death Penalty Cases:
  • The multi-tiered review system ensures fairness and reduces the risk of judicial errors in capital punishment cases.
  • Judicial independence and thorough review processes are critical components of this system.

The correct answer is Option 4

Key Points

• Death Sentence Authority in India:
  • In India, the death sentence is governed by strict legal provisions to ensure justice and prevent misuse.
  • Under Section 366 of the Code of Criminal Procedure (CrPC), 1973, only a Court of Session can pass a death sentence after conducting a trial.
  • However, the sentence cannot be executed until it is confirmed by the High Court, as per Section 368 of the CrPC.
  • This dual-layered process ensures that the sentence is scrutinized at a higher judicial level for fairness and legality.
  • Once confirmed by the High Court, the death sentence can then proceed to the execution stage.

The correct answer is option 3.Key Points

• Section 366 of Criminal Procedure Code 1973 deals with 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.

The correct answer is Option 4.

Key Points

• The High Court can confirm a death sentence passed by the Court of Session under section 368 of the Code of Criminal Procedure, 1973. The High Court can also try a case pending before a subordinate court and pass a death sentence under section 407.
• In addition, the High Court can convict a person and pass a death sentence on appeal against an acquittal order passed by the Court of Session under section 386(a). 
• However, the Appellate Court can suspend the execution of a sentence or order appealed against if the convicted person files an appeal.
• The Appellate Court can also release the convicted person on bail or on their own bond if they are in confinement.
• The Appellate Court must record its reasons for suspending the sentence in writing.

Additional Information

• The sentence of death passed by the Court of Session cannot be executed unless the High Court confirms it.
• The Court that passes the sentence must commit the convicted person to jail custody under a warrant

The correct answer is option 2.

Key Points

• Before making an order of confirmation, the High Court must ensure that the period allowed for preferring an appeal has expired or, if an appeal is presented within such period, that the appeal is disposed of.
• This condition ensures that the accused's rights to appeal are fully respected and completed before the High Court finalizes its decision on the matter, allowing for a thorough review process and safeguarding against premature confirmation of sentences.
• Section 368 of CrPC says Power of High Court to confirm sentence or annul conviction.—In any case submitted under section 366, the High Court—
  • (a) may confirm the sentence, or pass any other sentence warranted by law, or
  • (b) 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
  • (c) 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.