Sentence of Death and its Execution
By
Satish Chandra Mukherjee
Sentence of death which is prescribed by several sections of the Indian Penal Code (vide: Ss. 121, 302, 303 and 396) has been found to be legally valid by the Supreme Court after considering the challenges against the same on constitutional grounds.
Section 368 (1) of the Code of Criminal Procedure, 1898 provided, when any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead. The same direction has been reiterated in S. 354 (5) of the Code of Criminal Procedure, 1973. Section 354 (3) of the new Code enjoins when the conviction is for an offence punishable with death or in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and in the case of sentence of death, the special reasons for such sentence. Section 235 (2) of the new Code states: If the accused is convicted (in a sessions trial) the Judge shall hear the accused on the question o ....