66. [ Female prisoner sentenced to death. [Substituted by Notification No. 1255/VII-Nyaya-2-2018-91G-2018, dated 14.8.2018 (w.e.f. 3.11.1956).]
- When a Court of Session sentences a female prisoner to death, it, shall consider after enquiring from such prisoner herself, if necessary, whether she is pregnant and if it thinks that it is likely that she is so it shall have her examined by the Deputy C.M.O. (Medical), or such other doctor as it may consider fit, and if it finds that she is in fact pregnant, it shall, for the purposes of Section 416 of the Code, make a report to the High Court. But the submission of the proceedings to the High Court under Rule 64, shall not be delayed on this account.][67] [Rules 69, 70, 72, 72 and 73 renumbered as Rules 66, 67, 68, 69 and 70 by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.]. Date of execution.- The date fixed by a Court of Session in a warrant for execution of a sentence of death shall be not less than twenty-one nor more than twenty-eight days from the date of the issue of such warrant, unless it be otherwise directed in the order of confirmation.Note. - Instructions regarding procedure to be observed by State for dealing with petitions for mercy from or on behalf of convicts under sentence of death and with appeals to the Supreme Court and applications for special leave to appeal to that Court by such convicts are contained in Appendix 'G'.[68] [Rules 69, 70, 72, 72 and 73 renumbered as Rules 66, 67, 68, 69 and 70 by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.]. If date postponed fresh warrant to be issued.- When a warrant for the execution of a sentence of death has not been executed upon the date fixed owing to the postponement of execution by Government Order, and is returned to the Court with a certificate to that effect, the Judge shall, if the Government has refused to interfere with the execution of the sentence of death, issue a warrant in the same form as before, fixing another date for the execution of the sentence, which shall be not more than seven days from the date of issue of such warrant.[Where the sentence of death is commuted, a fresh warrant shall issue in the appropriate form as if the Court of Sessions had passed such a sentence] [Added as a fresh paragraph by Allahabad Ucchya Nayayalaya, Notification No. 501/VIII-a-119, dated 13th November, 1970, published in U. P. Gazette, Part II, dated 12th December, 1970, page 257, and came into force from the date of publication in the Gazette.].[69] [Rules 69, 70, 72, 72 and 73 renumbered as Rules 66, 67, 68, 69 and 70 by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.]. Copy of warrant to be sent to District Magistrate.- On issuing a warrant for the execution of a sentence of death, the Court of Sessions shall forward a copy of the same to the District Magistrate for information.[70] [Rules 69, 70, 72, 72 and 73 renumbered as Rules 66, 67, 68, 69 and 70 by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.]. Separate warrant to jail for each convict.- A separate warrant shall be directed to the officer-in-charge of the jail for each prisoner in respect of whom a sentence of imprisonment is passed; the warrant shall show the [crime number, i.e., the number by which the case was registered and the] [Added by Notification No. 369/VII-b-110, dated 18th July, 1985, published in U. P. Gazette, Part II, dated 14th December, 1985 p. 23, came into force from the date of publication in the Gazette.] serial number of the case, and shall bear the same that as the sentence bears. It shall state the period (in words and figures) and description of imprisonment; and shall be drawn upon the prescribed form. It shall contain full particulars as to any sentence of imprisonment to be undergone in default of payment of fine or any period of solitary confinement ordered.If the prisoner is a military officer or soldier, his rank and regiment or department shall be stated in the warrant.If the prisoner has been previously convicted, particulars of each previous conviction showing the date and nature of each sentence, and the section and Act under which it was passed, shall be endorsed upon the warrant.The Magistrate shall also fill the form prescribed by the rules contained in chapter XII of the U. P. Jail Manual (reproduced in Appendix F) and attach it to the record in the cases of prisoners sentenced by him or committed to Sessions, in order that it may be filed with the prisoner's warrant and sent to the Jail along with the prisoner. Entries No. 7 to 9 shall be filled in by the Presiding Officer of the convicting Court in his own handwriting.[71] [Rules 74, 75 and 76 renumbered as Rules 71, 72 and 73, by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.]. All orders of fines to be registered.- (i) Whenever any person convicted of an offence [* * *] [Omitted by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.] is sentenced or ordered to pay a fine ;(ii)whenever any person is ordered to pay into Court for delivery to any other person any sum by way of compensation, or reimbursement of fines or fees paid ;(iii)whenever any person is permitted to deposit a sum of money in lieu of executing a bond ;(iv)whenever any person is called upon to pay the penalty of a forfeited bond ; and(v)whenever a Criminal Court orders payment of court fees ;the Presiding Officer shall, with his own hand, at once enter the amount of the fine, compensation or other sum, deposit, penalty or fee in the prescribed register of fines, compensation, deposits, penalties, and fees (Form No. 2, Part IX, No. 78).[ [72] [Substituted by Notification No. 16/VIII-A-22, dated 7th July, 1977, published in U. P. Gazette, Part II. dated 3rd September, 1977 (w.e.f. 3-9-1977).]. Deposit of fine, etc. paid into Court.- When the amount of any fine, compensation or other sum, deposit, penalty or fee is paid into Court, the Presiding Officer shall, as soon as may be, send the money to the Nazir through the Criminal Ahalmad, for onward transmission to the nearest treasury or sub-treasury. The money so sent shall be accompanied by an invoice in duplicate in Form (Part IX, No. 74) signed by the Presiding Officer himself. In the case of any sum which is to be credited as a deposit the invoice shall be made out in triplicate. One copy of the invoice shall be returned by the officer-in-charge of the treasury or sub-treasury concerned with an endorsement showing receipt of the amount.][73] [Rules 74, 75 and 76 renumbered as Rules 71, 72 and 73, by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.]. Fine not paid at once may be paid into another Court.- When the amount of any fine, compensation or other sum, deposit, penalty or fee is not paid at once into the Court which directed the payment, the Court may allow the person liable to make the payment to pay the amount required within a period which shall be fixed by the Court, into any other Criminal Court except a Court of Session or the High Court. In such case the Court shall give such person a slip in Form (Part IX, No. 76) to be presented by him when paying the amount.When a person is undergoing imprisonment in default of any such payment, the officer-in-charge of the jail may receive payment of the whole amount or of any part thereof, and shall thereupon complete the execution of the warrant or order of imprisonment as provided by law.[74] [Rules 77 to 80 renumbered as Rules 74 to 77 by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.]. Procedure in such other Court.- When any Court or officer receives a payment as described in Rule [73] [Substituted by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.] or when the officer conducting a sale under a warrant receives the sale-proceeds, the money so received shall be sent with as little delay as possible to the nearest treasury or sub-treasury with a pass-book in Form No. 3 (Part IX, No. 70), and a separate extract (Part IX, No. 71) therefrom in duplicate respecting each item entered therein.The officer-in-charge of the treasury or sub-treasury' shall on receipt of the money sign the pass-book and one of the extracts and return them.The extract so returned shall be forwarded by the Court or officer realising the amount to the Court which ordered the payment or sale.[75] [Rules 77 to 80 renumbered as Rules 74 to 77 by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.]. Details to be noted in invoice.- In every invoice in Form (Part IX, No. 74) in every slip in Form (Part IX, No. 76), every warrant of distress and sale (Part VIII, No. 56) and in every pass-book (Part IX, No. 70) or extract (Part IX, No. 71) therefrom, there shall be made a clear entry of the number of the case, of the exact nature of the payment made or to be made, of the person who is or was liable for the payment, and of the manner in which the amount paid is to be credited in the treasury, i.e., whether it is to be credited to Government or to a Municipal [or Corporation] [Added by Notification No. 504/V-b-13, dated 27th August, 1983, published in U.P. Gazette, Part II, dated 5th November, 1983, pages 55-58.] or Cantonment fund as required by law or the orders of the Government, or as a Criminal Court deposit.[76] [Rules 77 to 80 renumbered as Rules 74 to 77 by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.]. Payment into treasury to be made as early as possible.- Every sum received by a Court or officer in the immediate vicinity' of a treasury or subtreasury shall be paid into such treasury or sub-treasury on the day of receipt, or if the treasury or sub-treasury be closed on that day, then on the next day on which the treasury or sub-treasury is open. When a Court or officer is at a distance from a treasury, or sub-treasury, receipts shall be paid into such treasury or sub-treasury at least once every month, or as soon as the receipt exceed the sum of rupees fifty. The money should be remitted by money order whenever it is more economical to do so.When more sums than one are sent at the same time, a separate invoice in duplicate (in a case falling under Rule [72] [Substituted by Notification No. 504/V-b-13, dated 27th August, 1983, published in U.P. Gazette, Part II, dated 5th November, 1983, pages 55-58.]) or pass book extract in duplicate (in a case falling under Rule [74] [Substituted by Notification No. 504/V-b-13, dated 27th August, 1983, published in U.P. Gazette, Part II, dated 5th November, 1983, pages 55-58.]), shall be sent for each sum.When any sum received in a Court is not sent to the treasury or sub-treasury on the same day, the Presiding Officer shall be responsible for making arrangement for its safe custody until it can be paid in.[77] [Rules 77 to 80 renumbered as Rules 74 to 77 by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.]. Officer-in-charge of jail to be informed of payment.- Every Court upon receiving a payment on behalf of a person who is in jail under a warrant directing imprisonment in default of such payment shall, if the payment is received otherwise than through the jail, at once inform the officer in-charge of the jail.[78] [Rules 81 to 83 renumbered as Rules 78 to 80 by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.]. Cheque receipt book.- Every Court shall be furnished with two cheque receipt books in the prescribed Form (Part IX, No. 72). These books shall be used one in each alternate month ; at the end of each month the book in use during that month shall be transmitted to the officer-in-charge of the treasury or in the case of an outlying Court to the sub-treasury for examination and attestation as provided in Rule [80] [Substituted by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.].Each book shall bear a printed number repeated on every form in the book, and the Forms in each book shall bear printed numbers in regular series from 1 to 100.[79] [Rules 81 to 83 renumbered as Rules 78 to 80 by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.]. Payments to be entered in register and receipt given.- When any payment is made into Court under Rule [72] [Substituted by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.] or when any duly signed extract has been received by a Court under Rule [74] [Substituted by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.] the Court shall make an entry of the receipt in the appropriate register and shall cause a cheque receipt for the amount to be prepared in triplicate. The original receipt shall be retained by the Court issuing it, the counterfoil bearing the words, "For the officer-in-charge of the jail" shall at once be sent to the Superintendent of the jail in which the prisoner on whose behalf the payment is made, is confined and the counterfoil bearing the words "'For the payer" shall be made over to the payer, if he is present; if he is not present, it shall be sent to him by post if he is not in custody, or through the officer-in-charge of the jail, if he is in jail. If the person sentenced to imprisonment is not in custody, the counterfoil of the cheque receipt meant for the jail shall be ordered by the Presiding Officer to be kept on the record of the case.The words and figures denoting the sum for which the receipt is being issued shall be written on the receipt by the Presiding Officer of the Court with his own hand and he shall sign the receipt.Upon the counterfoil of every cheque-receipt, as it is made out or so soon thereafter as possible, shall be entered the number and date of the treasury receipt upon the invoice made under Rule 75 of the pass-book extract made under Rule 77 and such invoice or extract shall then be filed with the record.[80] [Rules 81 to 83 renumbered as Rules 78 to 80 by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.]. Fly-leaf to cheque receipt book.- To each cheque receipt book shall be prefixed as a fly-leaf in the prescribed Form (Part IX, No. 73). At the close of each month the Presiding Officer shall note or cause to be noted on the fly-leaf the sum for which receipts have been issued during the month, and forward the book to the officer-in-charge of the treasury or sub-treasury for comparison with the treasury accounts and for attestation. If the officer-in-charge of the treasury or sub-treasury finds that the sign for which receipts were issued by the Court have been paid into the treasury or sub-treasury and properly credited there, he shall sign the fly-leaf in the column provided for that purpose and return the book to the Court. If there is any discrepancy, he and the Court shall take steps to reconcile it. The treasury staff shall also check the total given on the fly-leaf against the totals of all amounts shown on the counterfoils of the cheque receipt book.Presiding Officers of Courts shall submit every month to the District Magistrate or [the Chief Metropolitan Magistrate or the Chief Judicial Magistrate, as the case may be, a certificate in the following form] [Substituted by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.] :"The fine receipt book of my Court was sent to the treasury/sub-treasury at the close of the previous month, that no discrepancies were found or that the following discrepancies were found and have been/are being reconciled, that the total amount levied in the previous month was that the amount actually received was .......... and that the amount outstanding at the end of the month was.......... "Where there has been no fine levied in the previous month, the certificate shall state that the book is blank. This certificate shall be verified at the treasury with respect to the figures relating to the actual realizations entered in the treasury accounts.[81] [Rules 84 to 86 renumbered as Rules 81 to 83 by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.]. Refunds.- When an order is made for the refund of a sum that has been credited in the treasury', the order or a copy thereof shall at once be sent to the Court which directed the credit, and that Court shall take the necessary steps for its refund.[Special Judicial Magistrate and Special Metropolitan Magistrates] [Substituted by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.], however, are not empowered to make refunds in cases where appeals against their decisions have been allowed ; in such cases the refund shall be made by the Court which allows the appeal or in case of a refund on revision, by the Court to which appeals ordinarily lie.
