Abstract

If a Session Court passes the death sentence against the accused(s), then the High Court needs to confirm it before it comes into effect. Thereby, it is necessary to submit the proceedings before the High Court, and only after confirmation from the High Court can the execution be brought into effect, and not before that. When the death reference case is before the honorable HCD, the HCD considers some factors and circumstances before confirming the death sentence or commuting the sentence. The main purpose of this research is to find out the facts and circumstances which the HCD has considered for confirming the death sentence or commuting it. From the study, I will also try to find out that in a good number of cases in which the plea was accepted, and in some cases, why such a plea should not succeed. And finally, I will try to give a solution to how our judiciary can overcome the situation.

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