Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

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3.

A sentence of death by a lower court.

A: A must be confirmed by high court
B: A must be confirmed by supreme court
C: A must be confirmed by parliament
D: Is operational appeal is made to High court

The answer is: A

Explanation

The correct option is A: A must be confirmed by high court.

According to Section 366 of the Code of Criminal Procedure, 1973, whenever a sentence of death is passed by a Court of Session, it cannot be executed unless it is confirmed by the High Court. The Court of Session has to submit the proceedings of the case to the High Court for confirmation. The High Court can then confirm the death sentence, pass any other sentence, annul the conviction, order a new trial, or acquit the accused person under Section 368 of the Code. This provision is meant to minimize the error and ensure justice in cases involving capital punishment.