The Court of Session after passing a sentence of death, shall submit the said proceedings before the ________ for confirmation and execution. 

The correct answer is High Court.

Key Points

• As per Section 366 of the Code of Criminal Procedure (CrPC), 1973, the Court of Session is required to submit the proceedings of a death sentence to the High Court for confirmation.
• The High Court has the authority to confirm, modify, or annul the death sentence after thoroughly examining the case and evidence.
• This mandatory confirmation ensures an additional layer of judicial oversight in cases involving capital punishment.
• It acts as a safeguard to prevent arbitrary, erroneous, or unfair imposition of the death penalty by lower courts.
• The High Court reviews both procedural and substantive aspects of the case to ensure justice is served appropriately.

Additional Information

• Role of Supreme Court:
  • The Supreme Court does not directly confirm death sentences from Sessions Courts.
  • It reviews such cases only through appeals or special leave petitions after the High Court's decision.
• Tribunals and Magistrates:
  • Tribunals handle specific disputes (e.g., tax, administrative cases) and do not have jurisdiction over criminal cases involving death sentences.
  • Judicial Magistrates deal with lesser offenses and are not empowered to confirm or adjudicate death penalty cases.
• Presidential Clemency:
  • Under Article 72 of the Constitution of India, the President has the power to grant pardons, reprieves, respites, or remissions of punishment, including death sentences.
  • This is a final safeguard in the justice system to ensure humane considerations in extreme cases.
• Safeguards in Death Penalty Cases:
  • The multi-tiered review system ensures fairness and reduces the risk of judicial errors in capital punishment cases.
  • Judicial independence and thorough review processes are critical components of this system.