Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 412: Procedure in cases 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 either physically, or through electronic means, a copy of the order, under the seal of the High Court and attested with his official signature, to the Court of Session.
Brefe Detail
Section 412 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the procedure for cases submitted by the Court of Session to the High Court for the confirmation of a death sentence. Once the High Court has passed its order—whether it be confirmation or any other order—the proper officer of the High Court is responsible for sending a copy of that order to the Court of Session. This can be done either physically or electronically, and the document must carry the seal of the High Court along with the officer's official signature.
Question & Answers
Q1: What does Section 412 deal with?
A1: Section 412 deals with the procedure to be followed in cases submitted to the High Court by the Court of Session for the confirmation of a death sentence.
Q2: What is the responsibility of the High Court officer under Section 412?
A2: The officer of the High Court is responsible for sending a copy of the confirmation order, or any other order made by the High Court, to the Court of Session. This must be done without delay, either physically or electronically, with the seal and signature of the officer.
Q3: How must the order be sent from the High Court to the Court of Session?
A3: The order must be sent under the seal of the High Court and attested with the official signature of the proper officer. It can be sent either physically or through electronic means.
Q4: Is there any time frame mentioned for sending the order in Section 412?
A4: Yes, the order must be sent without delay once the confirmation or other order has been made by the High Court.
Example
Example 1:
A death sentence is passed by the Court of Session and is submitted to the High Court for confirmation. After reviewing the case, the High Court confirms the sentence. Following this, the proper officer of the High Court sends a copy of the confirmation order, under the seal of the High Court and signed by the officer, to the Court of Session through electronic means.
Example 2:
In a different case, the High Court does not confirm the death sentence but issues an alternative order. The officer of the High Court then sends a physical copy of the order to the Court of Session, ensuring that it is sealed and signed as required by Section 412.
Summary
Section 412 ensures that once a death sentence is confirmed or altered by the High Court, the proper officer of the High Court promptly sends a copy of the order to the Court of Session. This procedure must be followed without delay, and the document must be attested with the official seal and signature. The order can be sent either physically or electronically.
