Chapter XXVII
Section 366 CrPC: Sentence of death to be submitted by Court of Session for confirmation
New Law Update (2024)
Section 407 BNSS
TRIAL COURT
Court of Session
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(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.
Important Sub-Sections Explained
Section 366(1) CrPC
This crucial sub-section establishes that any death sentence awarded by a Court of Session is not final until it is confirmed by the High Court. It ensures a mandatory judicial review by a superior court before the most severe punishment can be executed.
Section 366(2) CrPC
This sub-section mandates that once a Court of Session passes a death sentence, the convicted person must be immediately committed to jail custody under a warrant, pending the High Court’s confirmation of the sentence.
Landmark Judgements
Bachan Singh v. State of Punjab (1980):
This landmark judgment laid down the ‘rarest of rare’ doctrine, guiding courts on when the death penalty may be imposed. While primarily concerning the imposition, its principles are crucial for the High Court’s review and confirmation under Section 366, ensuring that the initial sentence adheres to constitutional standards.
Shatrughan Chauhan v. Union of India (2014):
The Supreme Court addressed issues like inordinate delay in execution and mental illness as grounds for commuting a death sentence. This ruling significantly influences the High Court’s considerations during the confirmation process, requiring a holistic review beyond mere legal technicalities.
Manoj v. State of Madhya Pradesh (2022):
This judgment underscored the importance of ensuring a real and effective opportunity for convicts to present mitigating circumstances at the sentencing stage. It mandates trial courts to collect social milieu reports and conduct psychological evaluations, which are vital for the High Court’s comprehensive assessment when confirming a death sentence under Section 366.