Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 407: 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 forthwith 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.
Brief Detail
Section 407 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes that when the Court of Session passes a sentence of death, it must be submitted immediately to the High Court for confirmation. The sentence of death cannot be executed unless the High Court confirms it. Additionally, the Court passing the sentence is required to commit the convicted person to jail custody under a warrant.
Question & Answers
Q1: What must happen when the Court of Session passes a sentence of death according to Section 407?
A1: When the Court of Session passes a sentence of death, the proceedings must be submitted immediately to the High Court for confirmation, and the sentence cannot be executed unless the High Court confirms it.
Q2: Can the death sentence be executed immediately after being passed by the Court of Session?
A2: No, the death sentence cannot be executed immediately. It must first be confirmed by the High Court.
Q3: What is the responsibility of the Court passing the death sentence in Section 407?
A3: The Court passing the death sentence must commit the convicted person to jail custody under a warrant.
Q4: What happens if the High Court does not confirm the death sentence?
A4: The death sentence cannot be executed unless it is confirmed by the High Court. If the High Court does not confirm it, the sentence cannot be carried out.
Example
Example 1:
A person is sentenced to death by the Court of Session. The Court must immediately send the case to the High Court for confirmation. The sentence of death cannot be carried out until the High Court gives its confirmation.
Example 2:
A convict is sentenced to death by a Court of Session. The Court issues a warrant and sends the convict to jail custody. The death sentence will not be executed until it is confirmed by the High Court.
Summary
Section 407 of the Bharatiya Nagarik Suraksha Sanhita, 2023, requires that any death sentence passed by the Court of Session must be submitted to the High Court for confirmation. The sentence cannot be executed unless it is confirmed by the High Court. Additionally, the convicted person must be committed to jail custody under a warrant by the Court passing the sentence.
