CrPC 415 — Postponement of execution of sentence of death in case of appeal to Supreme Court

Code of Criminal Procedure, 1973

Statutory text

(1) Where  a
person is  sentenced  to  death  by  the  High  Court  and  an  appeal  from  its  judgment  lies  to  the  Supreme  Court  under sub-clause (a) or  sub-clause (b) of  clause (1) of  article  134  of  the  Constitution,  the  High  Court  shall  order  the
execution of the sentence to be postponed until the period allowed for preferring such appeal has expired, or if, an appeal is preferred within that period, until such appeal is disposed of.
(2) Where  a sentence  of  death  is  passed  or  confirmed  by  the  High  Court,  and  the  person  sentenced  makes  an application to the High Court for the grant of a certificate under article 132 or under sub-clause (c) of clause (1) of
article 134 of the Constitution, the High Court shall order the execution of the  sentence to be postponed until such
application  is  disposed  of  by  the  High  Court,  or  if  a  certificate  is  granted  on  such  application,  until  the  period allowed for preferring an appeal to the Supreme Court on such certificate has expired.
(3) Where a sentence of death is passed or confirmed by the High Court, and the High Court is satisfied that the
person  sentenced  intends  to  present  a  petition  to  the  Supreme  Court  for  the  grant  of  special  leave  to  appeal  under
article  136  of  the  Constitution,  the  High  Court  shall  order  the  execution  of  the  sentence  to  be  postponed  for  such period as it considers sufficient to enable him to present such petition.

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