Code of Criminal Procedure, 1973

Section 371

Procedure in cases submitted to High Court for confirmation

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⚡ Quick Answer Reference: Section 371 CrPC

Provision: Section 371 of CrPC
Act: Code of Criminal Procedure, 1973
Classification: criminal procedure
Jurisdiction: India
Summary: This section outlines the procedure after the High Court confirms a death sentence, requiring the High Court's officer to send a copy of the order to the Court of Session.

Statutory Content

What does Section 371 of CrPC say?

In cases submitted by the Court of Session to the High Court for the confirmation of a sentence of death, the proper officer of the High Court shall, without delay, after the order of confirmation or other order has been made by the High Court, send a copy of the order under the seal of the High Court and attested with his official signature, to the Court of Session.

Indian StandardSection 371, Code of Criminal Procedure, 1973

Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 371 (India)

Court Pleading StandardSection 371 of the Code of Criminal Procedure, 1973

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).

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Section Meaning & Purpose

What does Section 371 of CrPC mean?

Plain English Explanation

This section outlines the procedure after the High Court confirms a death sentence, requiring the High Court's officer to send a copy of the order to the Court of Session.

Practical Interpretation

In practice, this ensures that the Court of Session is informed of the High Court's decision on a death sentence, facilitating further legal proceedings.

Core Legal Purpose

The core purpose is to establish a formal communication channel between the High Court and the Court of Session regarding confirmed death sentences.

Key Legal Elements

•The case must be submitted by the Court of Session to the High Court for confirmation of a death sentence.
•The High Court must make an order of confirmation or another order.
•The key legal test is the High Court's decision on the confirmation of the death sentence.
•There is no explicit exception or limitation mentioned in this section.

Practical Example

Practical Example of Section 371 CrPC

For instance, if Rajesh is sentenced to death by the Court of Session and the case is submitted to the High Court for confirmation, after the High Court confirms the sentence, its officer will send a copy of the confirmation order to the Court of Session, ensuring that all parties are informed and further proceedings can occur.

Common Questions (FAQ)

Frequently Asked Questions about Section 371 CrPC

Q: What is the punishment or consequence under Section 371 of CrPC?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to the interaction between the Court of Session and the High Court, concerning legal proceedings and not directly to private individuals or public entities.

Q: Is an offence under this section bailable or cognizable?

This section does not deal with offences in the context of being bailable or cognizable, as it is procedural in nature.

Common Questions about Section 371 CrPC

What is Section 371 of CrPC?

Section 371 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Procedure in cases submitted to High Court for confirmation". In plain terms: This section outlines the procedure after the High Court confirms a death sentence, requiring the High Court's officer to send a copy of the order to the Court of Session.

What is the punishment under Section 371 of CrPC?

Section 371 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 371 of CrPC bailable or non-bailable?

Whether Section 371 of CrPC is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 371 of CrPC?

The essential elements of Section 371 of CrPC are: The case must be submitted by the Court of Session to the High Court for confirmation of a death sentence.; The High Court must make an order of confirmation or another order.; The key legal test is the High Court's decision on the confirmation of the death sentence..

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