CrPC Section-415 - Postponement of execution of sentence of death in case of appeal to Supreme Court
Description
- When a person is sentenced to death by the High Court and an appeal lies to the Supreme Court under sub-clause (a) or (b) of clause (1) of Article 134 of the Constitution, the High Court shall postpone the execution of the sentence until the period for filing such an appeal expires. If an appeal is filed within that period, the execution shall be postponed until the appeal is disposed of.
- If a sentence of death is passed or confirmed by the High Court, and the person sentenced applies for a certificate under Article 132 or sub-clause (c) of clause (1) of Article 134 of the Constitution, the High Court shall postpone the execution of the sentence until the application is disposed of. If the certificate is granted, the execution will be postponed until the period for filing an appeal to the Supreme Court expires.
- If the High Court is satisfied that the person intends to seek special leave to appeal to the Supreme Court under Article 136 of the Constitution, it shall postpone the execution of the sentence for a period sufficient to allow the person to file the petition.
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