Section 415 CrPC: Postponement of Death Sentence Execution During Supreme Court Appeal

1. State the Code

Section 415 of the Code of Criminal Procedure, 1973 (CrPC) deals with the postponement of the execution of a death sentence during the pendency of an appeal to the Supreme Court.

2. Explanation

When a person is sentenced to death by a High Court, the execution of the sentence is usually stayed until the Supreme Court decides on the appeal filed against the High Court’s judgment. Section 415 CrPC empowers the High Court to postpone the execution of the death sentence if the Supreme Court has granted a stay of execution. This postponement is automatic and does not require any formal application from the convict.

3. Illustration

Suppose a person is sentenced to death by the High Court of Delhi. The person files an appeal against the judgment in the Supreme Court. The Supreme Court grants a stay on the execution of the death sentence, pending the decision of the appeal. In such a case, the High Court of Delhi will automatically postpone the execution of the death sentence pursuant to Section 415 CrPC.

4. Common Questions and Answers

Q: Does Section 415 CrPC apply to all cases where a death sentence is awarded?
A: Yes, Section 415 CrPC applies to all cases where a death sentence is awarded by a High Court, regardless of the nature of the crime or the circumstances of the case.

Q: What happens if the Supreme Court dismisses the appeal?
A: Once the Supreme Court dismisses the appeal, the High Court can proceed with the execution of the death sentence. However, the execution can still be delayed if the convict files a mercy petition to the President of India.

Q: Does Section 415 CrPC require the convict to make any application to the High Court for postponement?
A: No, Section 415 CrPC does not require the convict to make any application to the High Court. The postponement is automatic once the Supreme Court grants a stay on the execution of the death sentence.