CHAPTER XXVIII
OF EXECUTION
381. Execution of order passed under section 376. When a sentence of death passed by a
Court of Session is submitted to the High Court for confirmation, such Court of Session shall, on
receiving the order of confirmation or other order of the High Court thereon, cause such order to be
carried into effect by issuing a warrant or taking such other steps as may be necessary 1[:]
1[Provided that the sentence of death shall not be executed if the heirs of the deceased pardon
the convict or enter into a compromise with him even at the last moment before execution of the
sentence].
382. Postponement of capital sentence on pregnant woman. If a woman sentenced to death
is found to be pregnant, the High Court shall order the execution of the sentence to be postponed,
and may, if it thinks fit, commute the sentence to 2[imprisonment for life].
3[382A. Postponement of execution of sentences of imprisonment under section 476 or
for a period of less than one year. Notwithstanding anything contained in section 383 or 391,
where the accused__
(a) is awarded any sentence of imprisonment under section 476, or
(b) is sentenced in cases other than those provided for in section 381, to
imprisonment whether with or without fine or whipping, for a period of less than one
year,
the sentence shall not, if the accused furnishes bail to the satisfaction of the Court for his
appearance at such time and place as the Court may direct, be executed, until the expiry of the
period prescribed for making an appeal against such sentence, or, if an appeal is made within that
time, until the sentence of imprisonment is confirmed by the Appellate Court, but the sentence shall
be executed as soon as practicable after the expiry of the period prescribed for making an
appeal, or, in case of an appeal, as soon as practicable after the receipt of the order of the Appellate
Court confirming the sentence.
382B. Period of detention to be considered while awarding sentence of
imprisonment. Where a Court decides to pass a sentence of imprisonment on an accused for an
offence, it 4[shall] take into consideration the period, if any, during which such accused was
detained in custody for such offence.
1 Subs. and added by Act II of 1997, s.14.
2 Subs. by the Criminal Procedure (Amdt.) Act, 1974 (25 of 1974), s.2 and Sch., for “transportation” (w.e.f 13.4.72)
3 Section 382A, section 382B and section 382C ins. by the Law Reforms Ordinance, 1972 (12 of 1972),s.2 and Sch.
4 Subs. by the Code of Criminal Procedure (Second Amdt.) Ordinance, 1979 (71 of 1979), s. 2. for “may”.
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