Such prescription contained in the Criminal Procedure Code , though
procedural, the substantive part rests in the Penal Code for the ultimate
confirmation or modification ... substantively provided for in the Penal
Code, procedural part of it is prescribed in the Criminal Procedure Code
and significantly one does not conflict with
argued that in terms of Section 31 of the Criminal Procedure Code, 1973
(for short, “the Cr.P.C .”) the sentence of life imprisonment awarded ... unless it is curtailed by remissions validly granted under the Code of
Criminal Procedure by the Appropriate Government or Under Articles
imprisonment for life"
used both in the Criminal Procedure Code and in the Indian Penal Code in various cases.
5. The aforesaid question came ... India. It was further observed that Section 53A IPC, introduced by the Code of Criminal Procedure
(Amendment) Act, 1955, provided that any person sentenced
Criminal Procedure the judgment is liable to be quashed.
6. As regards the scope and effect of Section 423 (1) (b) , Criminal Procedure Code, there ... appeal and the Criminal Revision Petition, The mere fact that he misconstrued the terms of Section 423 (1) (b). Criminal Procedure Code , does not render
Reference by the High Court under
Chapter XXVIII of the Code of Criminal Procedure , 1973 (hereinafter
referred to as ‘ Cr.PC ’), is the other question ... IPC. Under Section 376 of IPC also he has been
awarded life imprisonment. The third substantive sentence is under
Section 201 of IPC. All these
notice the relevant provisions of Criminal
Procedure Code and Indian Penal Code .
15. Section 31 of the Cr.P.C. relates to sentences in cases ... period. No such provision is found in the Indian Penal Code , Code of
Criminal Procedure or the Prisons Act . Though the Government of India
stated
other appeals and the criminal
revision.
Crl.A.Nos.910, 741, 958/2008, Crl.Rev.P.No.369/2008,
Crl.A.Nos.1322/2011 ... amendments to the Cr.P.C. (known as the
Criminal Procedure Code, 1973) noted by us.
43. In the judgment of the Constitution Bench
insertion of the new provision in the
Code of Criminal Procedure under Section 354(3) regarding
assigning special reasons for opting death sentence ... Procedure Code and the insertion of the
new Sections 235(2) and 354(3) in that Code
providing for pre-sentence hearing and sentencing
procedure
accused while recording his
statement under Section 313 Cr.P.C., who denied the case of
prosecution and claimed innocence. Although, initially he stated that ... sentence was however subject to confirmation by this Court
under Section 366 Cr.P.C. As such, death reference was received. The
accused also assailed
produced the Case Diary under Section
172 (2) of the Code of Criminal Procedure to substantiate the claim of the
prosecution that the accused ... their custody the appellant is
under an obligation in Section 313 Criminal Procedure Code
statement at least to give a plausible explanation for the cause
