43. Reference to Government regarding execution of death sentence.
(1)Where a sentence of death is passed or confirmed by the High Court and the person sentenced does not make an appeal to the Supreme Court or an application for mercy within the stipulated period, or where a sentence of death is upheld by the Supreme Court and the person sentenced does not make an application for mercy within the stipulated period, the Superintendent shall make a reference of the case to the State Government under intimation to the Inspector General, and postpone the execution of the sentence of death pending receipt of the orders of the State Government.(2)Upon a reference being made of a case as aforesaid, the State Government shall proceed to act as if an application for mercy has been made by the inmate under sentence of death, and -(a)if it has the power to commute the sentence of death, may in its discretion commute the sentence of death;(b)if it has the power to commute the sentence of death but in its discretion decides not to exercise that power, shall refer the case to the Central Government for decision;(c)if it does not have the power to commute the sentence of death, shall refer the case to the Central Government as well as such other appropriate Government as has power to commute the sentence of death, for decision.Chapter-VIII Food, Clothing and Bedding
