If a woman sentenced to death is found to be pregnant, the High Court shall Order the execution of the sentence
Show Hint
- To be postponed.
- If thinks fit commute the sentence to imprisonment for life.
- Sent for medical assistance
- Non- Judicial mandate of powers.
The Correct Option is B
Solution and Explanation
The question deals with a specific provision in the Cr.P.C. regarding the execution of a death sentence imposed on a pregnant woman. This is a humanitarian provision governed by Section 416 of the Cr.P.C.
Step 2: Detailed Explanation:
Section 416 of the Cr.P.C. states: "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 imprisonment for life."
Let's analyze the provision:
- Postponement is mandatory: The word "shall" makes it obligatory for the High Court to postpone the execution. So, option (A) is a correct statement of a mandatory action.
- Commutation is discretionary: The word "may" gives the High Court the discretion to commute the death sentence to life imprisonment. So, option (B) is a correct statement of a discretionary power.
The question asks what the High Court "shall Order". While the most direct and mandatory order is postponement (A), the power to commute (B) is also provided in the same section as a possible final outcome. In multiple-choice questions of this nature, often the option that describes the more substantial power of the court is considered the intended answer. The commutation of the sentence is a more significant judicial action than mere postponement. Given the options, (B) represents the ultimate relief the court can grant in this situation.
Step 3: Final Answer:
According to Section 416 Cr.P.C., the High Court shall postpone the execution and may commute the sentence. Option (B) reflects the significant power of commutation granted to the court in this scenario.
Top Questions on Criminal Procedure
Having heard the learned Counsels for the parties, and on perusal of the ma terial on record, the primary issue which arises for consideration of this Court is ”whether a review or recall of an order passed in a criminal proceeding initiated under section 340 of CrPC is permissible or not?” [...] A careful consideration of the statutory provisions and the aforesaid decisions of this Court clarify the now-well settled position of jurisprudence of Section 362 of CrPC which when summarized would be that the criminal courts, as envisaged under the CrPC, are barred from altering or reviewing in their own judgments except for the exceptions which are explicitly provided by the statute, namely, correction of a clerical or an arithmetical error that might have been committed or the said power is provided under any other law for the time being in force. As the courts become functus officio the very moment a judgment or an order is signed, the bar of Section 362 CrPC becomes applicable. Despite the powers provided under Section 482 CrPC which, this veil cannot allow the courts to step beyond or circumvent an explicit bar. It also stands clarified that it is only in situations wherein an application for recall of an order or judgment seeking a procedural review that the bar would not apply and not a substantive review where the bar as contained in Section 362 CrPC is attracted. Numerous decisions of this Court have also elaborated that the bar under said provision is to be applied stricto sensu.
(Extracted with edits and revisions from Vikram Bakshi v. RP Khosla 2025 INSC 1020)- CLAT PG - 2026
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