CrPC Section 416: Postponement of Death Sentence for Pregnant Women in India

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CrPC Section 416: Postponement of Death Sentence for Pregnant Women in India

1. Code

Section 416 of the Code of Criminal Procedure (CrPC)

2. Explanation

Section 416 of the CrPC states that if a woman sentenced to death is found to be pregnant, the execution of the sentence shall be postponed until after her delivery. This provision aims to protect the life of the unborn child and recognizes the unique circumstances of pregnant women.

3. Illustration

Consider a case where a woman is convicted of murder and sentenced to death. If it is discovered that she is pregnant during the execution process, the execution will be postponed until after she gives birth. This postponement allows the woman to carry her pregnancy to term and ensure the safety of both herself and the child.

4. Common Questions and Answers

Q: What happens if the woman is already in the late stages of pregnancy?

A: Even in such a case, the execution will be postponed until after the delivery. The code does not specify any stage of pregnancy for postponement.

Q: Is this a statutory right or a discretionary power of the court?

A: This is a statutory right, meaning it is a legal requirement under the CrPC and the court is bound to postpone the execution in such cases.

Q: What happens after the delivery?

A: After the delivery, the sentence will be carried out according to the law. The court may consider other factors like the health of the woman and her ability to handle the situation before carrying out the execution.

Also Read  Section 21 CrPC: Special Executive Magistrates - Powers and Functions under Code of Criminal Procedure
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