Law of the Submission of Sentences for Confirmation (Ch: XXVII Ss. 374 -380 Cr. P. C. 1898)

Abstract

In criminal procedure the stage of sentence comes after conclusion of trial and announcement of judgment holding the accused guilty of commission of a certain offense and liable to punishment of a certain kind and quantum and duration in accordance with law. A judgment must specify the offense (if any) of which, and the section of the Pakistan Penal Code or other law under which the accused is convicted, and the punishment to which he is sentenced. If the accused is convicted for an offense punishable with death, and the Court sentences him to any punishment other than death, the Court shall in its judgment state the reason why sentence of death was not passed. When any person is sentenced to death,-• The sentence shall direct that he be hanged by the neck till he is dead;• A copy of the judgment shall be given to the accused;• If the accused so desires, a translation of the judgment, in his own language, if practicable or in the language of the Court, shall be given to him;• Sessions Judge shall inform the accused of period within which, if he wishes to appeal his appeal should be preferred.• The proceedings shall be submitted to the High Court and the sentence shall not be executed unless it is confirmed by the High Court.This chapter (Chapter 27) comprises seven sections and each section prescribes a step to be taken from submission of the proceedings to the High Court till confirmation or otherwise. Those steps are:• Sentence of death to be submitted by the Court of Session; • Power of High Court to direct further inquiry to be made or additional evidence to be taken; • Power of High Court to confirm sentence or annul conviction; • Confirmation or new sentence to be signed by two Judges of High Court; • Procedure in case of difference of opinion; • Procedure in cases submitted to High Court for confirmation; • Procedure in cases submitted by Magistrate not empowered.This paper is an attempt to discuss the above in the light of judicial precedents.