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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?
Most Upvoted Answer
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.
Community Answer
Consider the following statements.1. The sessions judge has the power ...
Understanding the Statements
The question revolves around the powers of a Sessions Judge in the Indian judicial system, particularly regarding sentencing.
Statement 1: The sessions judge has the power to impose any sentence including life imprisonment and capital punishment
- This statement is correct.
- A Sessions Judge has the authority to try serious criminal cases and can impose various sentences, including life imprisonment and capital punishment, depending on the severity of the crime.
Statement 2: A capital punishment passed by him is subject to confirmation by the High Court, whether there is an appeal or not
- This statement is also correct.
- In India, any death sentence handed down by a Sessions Judge must be confirmed by the High Court. This confirmation process is mandatory regardless of whether the convicted person files an appeal or not. This safeguard ensures a higher level of scrutiny for such severe penalties.
Conclusion
- Both statements are accurate regarding the powers and processes involving a Sessions Judge and capital punishment in India.
- Therefore, the correct answer is option 'C': Both 1 and 2.
Key Takeaways
- Sessions Judges can impose life sentences and capital punishment.
- Death sentences require High Court confirmation, ensuring judicial oversight.
This understanding is crucial for comprehending the judicial structure and processes in India, especially for aspirants preparing for competitive exams like UPSC.
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Consider the following statements.1. The sessions judge has the power to impose any sentence including life imprisonment and capital punishment2. A capital punishment passed by him is subject to confirmation by the High Court, whether there is an appeal or notWhich 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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