Death warrant is an official order issued by Court for the execution of a person who has been convicted by the court after a trial. It specifies the time and place of execution. It is only issued after the trial and conviction. In case, where the convicted person goes for an appeal against the conviction before a higher court, the warrant of death is issued only after the appeal is dismissed.
The death warrant is addressed to the officer in charge of a jail where the person against whom warrant is issued is prisoned. It is a kind of notice issued by the court which announces the date and place of the execution, it also refer that the convicted person must be killed as a punishment.
Read – Why Do Judges Break the Nib of Pen After Passing Death Sentence?
Who can issue death Warrent?
The Court of Session has been empowered to issue the death warrant under Section 413 and 414 of the Code of Criminal Procedure, 1973.
When death warrant is issued?
In a trial before the Court of Session, when the court found an accused guilty of an offence punishable to death and pronounce death sentence. The Session Court is required to submit the proceedings to the High Court for its confirmation under Section 366 of Cr.P.C.
Under Section 368 of Cr.P.C the High Court has power to confirm or to set aside the death sentence passed by the court of session. When the High Court confirm the death sentence passed by the session court by passing an order of confirmation, the session court shall issue a warrant to execute the punishment under section 413 of Cr.P.C.
When a sentence of death is passed by the High Court in an appeal or revision, the Court of Session after receiving such order of the High Court shall issue a warrant of death against the convict under Section 414 of Cr. P.C.
When the sentence of death has been passed or confirmed by the High Court by the convicted person prefer an appeal before the Supreme Court, the issuance of warrant postpones until the exhaustion of such appeal.
Death warrant to pregnant women –
When a women, who has been found guilty of an offence punishable to death and the court passed the sentence of death against her. But the High Court found her to be pregnant, the High Court shall commute the sentence to imprisonment for life under Section 416 of Cr.P.C.
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Also Read – Capital Punishment And Its Contemporary Position
