CrPC Section 366

Section 366 of the Criminal Procedure Code (CrPC), 1973 (India):

🔹 Section 366 CrPC – Sentence of Death to be Submitted by Court of Session for Confirmation

Text (Summary):

When a Court of Session passes a death sentence, it cannot be executed unless it is confirmed by the High Court. Therefore, the Court of Session must submit the proceedings to the High Court for confirmation, and the High Court shall then review the case.

Full Breakdown:

Mandatory Confirmation:

If a Sessions Court sentences a person to death, the sentence is not final or executable until the High Court confirms it.

Submission to High Court:

The Sessions Court must submit the entire case records (trial proceedings, judgment, etc.) to the High Court.

Jail Custody:

The convicted person must be kept in custody (usually jail) until the High Court has made a decision.

High Court Powers:

The High Court, under Sections 367–371 CrPC, has the power to:

Confirm the death sentence.

Pass any other sentence.

Order a retrial.

Acquit the accused.

Purpose of Section 366:

To provide a mandatory safeguard in capital punishment cases by having a higher judicial authority (the High Court) review the death sentence.

Ensures that no person is executed unless the sentence is double-checked for legality and justice.

Related Sections:

Section 367 CrPC – Power of High Court to direct further inquiry or additional evidence.

Section 368 CrPC – Powers of the High Court regarding confirmation cases.

Section 371 CrPC – Execution of death sentence after confirmation.

✅ Example:

If a Sessions Court convicts a person of murder under Section 302 IPC and awards the death penalty, that person will not be executed immediately. The court must send the case to the High Court, and only after the High Court confirms the sentence can it be carried out.

 

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