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Consider the following statements.
1. The sessions judge has the power to impose any sentence including life imprisonment and capital punishment
2. A capital punishment passed by him is subject to confirmation by the High Court, whether there is an appeal or not
Which of these statements is/are correct?
- a)1 Only
- b)2 Only
- c)Both 1 and 2
- d)None of them
Correct answer is option 'C'. Can you explain this answer?
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Consider the following statements.1. The sessions judge has the power...
- He also has supervisory powers over all the subordinate courts in the district. Appeals against his orders and judgements lie to the High Court. The sessions judge has the power to impose any sentence, including life imprisonment and capital punishment (death sentence).
- However, a capital punishment passed by him is subject to confirmation by the high court, whether there is an appeal or not. Below the District and Sessions Court stands the Court of Subordinate Judge on the civil side and the Court of Chief Judicial Magistrate on the criminal side.
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Consider the following statements.1. The sessions judge has the power...
Statement Analysis: Powers of the Sessions Judge
Statement 1: The sessions judge has the power to impose any sentence including life imprisonment and capital punishment.
Statement 2: A capital punishment passed by him is subject to confirmation by the High Court, whether there is an appeal or not.
Explanation:
Statement 1: The Sessions Judge is the presiding officer of the Sessions Court which is a court of original jurisdiction. He is empowered under the Code of Criminal Procedure (CrPC) to impose any sentence, including life imprisonment and capital punishment, on an accused convicted of a crime. The Sessions Judge is therefore one of the most powerful judicial officers in the district.
Statement 2: A capital punishment passed by the Sessions Judge is subject to confirmation by the High Court, whether there is an appeal or not. This means that even if the accused does not appeal against the death sentence, the High Court has the power to examine the legality and correctness of the judgment and sentence passed by the Sessions Judge. The High Court may confirm the death sentence, or modify it to life imprisonment, or acquit the accused.
Conclusion:
Both the statements are correct. The Sessions Judge has wide powers to impose any sentence, including capital punishment, on an accused convicted of a crime. However, the death sentence passed by him is subject to confirmation by the High Court, whether there is an appeal or not. This is a safeguard provided by the law to ensure that the death penalty is not awarded arbitrarily or without due consideration of all the relevant factors.
Statement 1: The sessions judge has the power to impose any sentence including life imprisonment and capital punishment.
Statement 2: A capital punishment passed by him is subject to confirmation by the High Court, whether there is an appeal or not.
Explanation:
Statement 1: The Sessions Judge is the presiding officer of the Sessions Court which is a court of original jurisdiction. He is empowered under the Code of Criminal Procedure (CrPC) to impose any sentence, including life imprisonment and capital punishment, on an accused convicted of a crime. The Sessions Judge is therefore one of the most powerful judicial officers in the district.
Statement 2: A capital punishment passed by the Sessions Judge is subject to confirmation by the High Court, whether there is an appeal or not. This means that even if the accused does not appeal against the death sentence, the High Court has the power to examine the legality and correctness of the judgment and sentence passed by the Sessions Judge. The High Court may confirm the death sentence, or modify it to life imprisonment, or acquit the accused.
Conclusion:
Both the statements are correct. The Sessions Judge has wide powers to impose any sentence, including capital punishment, on an accused convicted of a crime. However, the death sentence passed by him is subject to confirmation by the High Court, whether there is an appeal or not. This is a safeguard provided by the law to ensure that the death penalty is not awarded arbitrarily or without due consideration of all the relevant factors.
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Consider the following statements.1. The sessions judge has the power to impose any sentence including life imprisonment and capital punishment 2. A capital punishment passed by him is subject to confirmation by the High Court, whether there is an appeal or not Which of these statements is/are correct?a) 1 Onlyb) 2 Onlyc) Both 1 and 2d) None of themCorrect answer is option 'C'. Can you explain this answer?
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Consider the following statements.1. The sessions judge has the power to impose any sentence including life imprisonment and capital punishment 2. A capital punishment passed by him is subject to confirmation by the High Court, whether there is an appeal or not Which of these statements is/are correct?a) 1 Onlyb) 2 Onlyc) Both 1 and 2d) None of themCorrect answer is option 'C'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements.1. The sessions judge has the power to impose any sentence including life imprisonment and capital punishment 2. A capital punishment passed by him is subject to confirmation by the High Court, whether there is an appeal or not Which of these statements is/are correct?a) 1 Onlyb) 2 Onlyc) Both 1 and 2d) None of themCorrect answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements.1. The sessions judge has the power to impose any sentence including life imprisonment and capital punishment 2. A capital punishment passed by him is subject to confirmation by the High Court, whether there is an appeal or not Which of these statements is/are correct?a) 1 Onlyb) 2 Onlyc) Both 1 and 2d) None of themCorrect answer is option 'C'. Can you explain this answer?.
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