Does a death sentence by a Sessions Court take immediate effect?

No — Section 365 requires that every death sentence passed by a Sessions Court must be submitted to the High Court for confirmation. The sentence cannot be executed until the High Court confirms it.

Section 353-365 — Judgment — Pronouncement; Language and Contents; Sentence; Previous Conviction; Capital Sentence Reference | Code of Criminal Procedure | LawCodeHub

Q: Must a criminal judgment give reasons?

Yes — Section 354(1) requires every judgment to contain the points for determination, the decision thereon, and the reasons for the decision. An unreasoned judgment violates the accused's fair trial rights under Article 21.

Section 353: The judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced in open Court by the presiding officer. Section 354(1): Every judgment referred to in section 353 shall contain the point or points for determination, the decision thereon and the reasons for the decision; and shall be dated and signed by the Presiding Officer in open Court at the time of pronouncing it. Section 360: When any person not under twenty-one years of age is convicted of an offence punishable with fine only or with imprisonment for a term of seven years or less, the Court may instead of sentencing him at once to any punishment, release him on probation of good conduct. Section 365: In cases tried by the Court of Session, if the sentence is one of death, the proceedings shall be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court.

Explanation

Sections 353–365 govern the judgment — the culmination of the criminal trial. Section 354 defines what every judgment must contain: the points for determination (the questions the court must answer); the decision on those points; and the reasons for the decision. Reasoned judgments are a constitutional requirement under Article 21 — an unreasoned conviction violates the accused's right to fair trial. Section 360 (probation) provides an important alternative to imprisonment for first-time or young offenders — the court can release on probation instead of sentencing, reflecting the rehabilitative purpose of criminal law. Section 365 is the death sentence confirmation requirement — a unique procedural safeguard: any death sentence passed by a Sessions Court must be confirmed by the High Court before execution. The Sessions Judge does not have the final word on death. The High Court independently reviews the entire case before confirming or commuting the death sentence.

Judgment — Pronouncement; Language and Contents; Sentence; Previous Conviction; Capital Sentence Reference

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