PART I
GENERAL PROVISIONS

CHAPTER VI
PUNISHMENTS

26. Sentence of death Acts Nos. 55 of 1963 6th Sch. ; 31 of 1997 Sch. ; 9 of 2002 Sch.

(1) When a person is sentenced to death, the sentence shall direct that he shall suffer death by hanging :

Provided that, if a woman convicted of an offence punishable with death is alleged to be pregnant, the court shall inquire into the fact and, if it is proved to the satisfaction of the court that she is pregnant the sentence to be passed on her shall be a sentence of imprisonment for life instead of a sentence of death.

(2) The sentence, of death shall not be pronounced on or recorded against any person who at the time of the commission of the offence was under eighteen years of age, but in, lieu of the sentence of death, the court shall sentence that person to be detained during the President's pleasure, and if so sentenced he shall be liable to be detained in such place and under such conditions as the Minister for the time being responsible for legal affair may direct, and whilst so detained shall be deemed to be in legal custody.

(3) When a person has been sentenced to be detained during the President's pleasure under subsection (2), the presiding judge shall forward to the Minister for the time being responsible for legal affairs a copy of the notes of evidence taken at the trial, with a report in writing signed by him containing Such recommendation or observation on the case as he may think fit to make.