High court withdraw a Criminal case pending before one of the sessions courts and sentenced the accused to death. What are the remedies available to the convicted persons.

Facts of the Case

An accused, Mr. X, had a criminal case pending before a Sessions Court. During the proceedings, the High Court withdrew the case from the Sessions Court, conducted a trial itself, and convicted the accused, sentencing him to death. Mr. X seeks advice on legal remedies available against the death sentence passed by the High Court.

Issues in the Case

1. Whether the High Court had the power to withdraw a case from the Sessions Court and try it independently.
2. What constitutional and statutory remedies are available to a person sentenced to death by the High Court.
3. How the principles of natural justice and fundamental rights under the Indian Constitution protect the convicted person.

Legal Principles Covered

A. Constitutional Provisions

1. Article 32 – Right to Approach Supreme Court for Enforcement of Fundamental Rights
   • Convicted persons can directly approach the Supreme Court if their fundamental rights under Article 21 (Right to Life) are violated.
2. Article 21 – Protection of Life and Personal Liberty
   • Guarantees that no person shall be deprived of life except according to procedure established by law.
   • Death sentence must comply with principles of due process, fair trial, and proportionality.

B. Statutory Provisions

1. CrPC Sections 374, 375, and 376
   • Section 374: Provides appeal against High Court conviction and sentence.
   • Section 375: High Court may confirm, modify, or reverse the sentence on appeal.
   • Section 376: Procedure for confirmation of death sentence and appellate review.
2. Code of Criminal Procedure (CrPC) – Sections 386 and 397
   • Allow appeals to higher courts in criminal matters.
   • Ensure the accused has opportunity to challenge convictions and sentences.

C. Judicial Precedents

1. Bachan Singh v. State of Punjab (1980) 2 SCC 684
   • Supreme Court held that death sentence is exceptional and should be imposed only in the “rarest of rare cases”.
   • Courts must examine aggravating and mitigating circumstances.
2. Machhi Singh v. State of Punjab (1983) 3 SCC 470
   • Guidelines for imposing death penalty and appellate scrutiny by High Courts and Supreme Court.
3. Shatrughan Chauhan v. Union of India (2014) 3 SCC 1
   • Emphasized the need for review and mercy petition as a part of due process in death penalty cases.

Possible Judgement / Remedies Available

1. Appeal to the Supreme Court (Article 32 / CrPC Section 374)
   • The convicted person can file an appeal against the High Court’s order challenging both conviction and death sentence.
   • Supreme Court may confirm, reduce, or commute the sentence.
2. Review Petition under Article 137 of the Constitution
   • After Supreme Court judgment, a review petition can be filed to reconsider the decision based on error apparent on the face of record.
3. Curative Petition
   • In exceptional circumstances, a curative petition can be filed to prevent miscarriage of justice after review petition is dismissed.
4. Mercy Petition / Presidential Clemency (Article 72)
   • The convict can file a mercy petition to the President of India seeking commutation or pardon.
   • State Government can recommend mercy petitions to the Governor under Article 161 (if state-level).
5. Grounds for Challenge
   • Violation of natural justice or due process.
   • Death penalty imposed without considering mitigating factors.
   • Procedural irregularities or lack of fair trial.

Advisory Conclusion:
Mr. X has multiple remedies: direct appeal to the Supreme Court, followed by review and curative petitions, and the mercy petition to the President. The remedies ensure protection of life under Article 21 and prevent arbitrary exercise of power by the judiciary.

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Explore at Lawgnan.in the complete legal framework governing remedies against death sentences in India. Learn how the Constitution and the Code of Criminal Procedure (CrPC) provide multiple safeguards such as appeal to the Supreme Court (Article 32), review and curative petitions, and mercy petitions under Article 72. Understand landmark judgments like Bachan Singh, Machhi Singh, and Shatrughan Chauhan, which define the “rarest of rare” principle and ensure fair trial standards. Visit Lawgnan.in today to gain clarity on constitutional protections, judicial remedies, and executive clemency in capital punishment cases.