Section 28 of the Cr.P.C. 1973 delineates the power of sentencing of the High Courts, the Sessions Judge, Additional Sessions Judge and Assistant Sessions Judge. The High Courts may pass any sentence authorized by law whereas, Sessions Judge or an Additional Sessions Judge may also pass any sentence authorized by law but the sentence of death can be executed only after confirmation by the Hon’ble High Court.
After a Sessions Judge or Additional Sessions Judge passes an order for death sentence, the sentence must be confirmed by the High Court under section 366 Cr.P.C., Thus, the proceedings of the Sessions Court are submitted to the High Court and such death sentence shall not be executed unless it is confirmed by the High Courts.
Hence, during the pendency of proceeding before the Hon’ble High Court, the convict remains in judicial custody under a warrant. The provision of appeal from a death sentence is provided under section 374 (2) of Cr.P.C. It provides that an appeal can be filed before the Hon’ble High Court by a person, who has been convicted in which a sentence of imprisonment for more than seven years has been passed. Therefore, the proceeding of appeal and proceeding of confirmation lies before the High Court. Even, if, a convict did not file an appeal against the order death sentence, the confirmation of death sentence under section 366 Cr.P.C. is a mandatory requirement and the sentence shall not be executed unless it is confirmed by the Hon’ble High Court.