A sentence of death by a lower court
Question and options
A sentence of death by a lower court
- must be confirmed by High Court
- must be confirmed by Supreme Court
- is operational if no appeal is made to higher courts
- must be confirmed by the President
Answer and explanation
Correct answer: A - must be confirmed by High Court
Under section 407 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 366 CrPC), when a Court of Session passes a sentence of death the proceedings go to the High Court, and the sentence shall not be executed unless the High Court confirms it. Confirmation is required even if the accused does not appeal, and neither the Supreme Court nor the President confirms the sentence; the President's role is only clemency under Article 72.
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