PART IX
CONVICTIONS, JUDGMENT, SENTENCES AND THEIR EXECUTION IN THE SUBORDINATE COURTS AND HIGH COURT
C. - Sentences
(b) Sentence of Death
322.-(1) When any person is sentenced to death, he shall suffer death by hanging.
(2) When any person is sentenced to death the sentence shall direct that he suffers death by hanging.
323. When an accused person is sentenced to death, the court shall inform him of the period within which, if he wishes to appeal, his appeal should be preferred.
324. A certificate under the hand of the Registrar or other officer of the court that sentence of death has been passed, and naming the condemned person, shall be sufficient authority for the detention of that person.
325.-(1) As soon as conveniently as may be, after sentence of death has been pronounced, if no appeal from a sentence of death passed by the High Court is preferred or if an appeal from any sentence of death is preferred and the sentence is upheld on appeal, then as soon as conveniently may be after the determination of the appeal the presiding judge or magistrate exercising powers conferred on him by section 173 shall forward to the President a copy of the notes of evidence taken on the trial with a report in writing signed by him containing any recommendation or observations on the case he may think fit to make.
(2) After the report has been considered, the President shall communicate to the said judge or magistrate or his successor in office, the terms of any decision to which he has made, and such judge or magistrate shall cause the tenor and substance of that decision to be entered in the records of the court.
(3) The President shall issue a death warrant, or an order of the sentence of death to be commuted, or a pardon, under his hand and the seal of the United Republic to give effect to that decision. If the sentence of death is to be carried out, the warrant shall state the place where and the time when execution is to be had, and shall give directions as to the place of burial of the body of the person executed. If the sentence is commuted for any other punishment, the order shall specify that punishment. If the person sentenced is pardoned, the pardon shall state whether it is free or to what conditions, if any, it is subject.
(4) Subject to subsection (3), the warrant may direct that the execution shall take place at such time and at such place and that the body of the person executed shall be buried or cremated at such place, as shall be appointed by some officer specified in the warrant.
(5) The warrant or order, or pardon of the President shall be sufficient authority in law to all persons to whom it is directed to execute the sentence of death or other punishment awarded and to carry out the directions therein given in accordance with its terms.
(c) Other Sentences
326.-(1) Where any court thinks that the charge is proved but is of the opinion that, having regard to the character, antecedents, age, health, or mental condition of the person charged or to the trivial nature of the offence or to the extenuating circumstances under which the offence was committed, it is inexpedient to inflict any punishment or that it is expedient to discharge the offender conditionally as hereinafter provided, the court may, without proceeding to convict, either–
(a) order the offender to be discharged after such admonition as to the court as shall seem fit; or
(b) discharge the offender conditionally on his executing a bond, with or without sureties, to be of good behaviour and to appear for conviction and sentence when called on at any time during such period, not exceeding three years, as may be specified in the order of the court.
(2) An order under subsection (1) shall, for the purpose of revesting or restoring stolen property, or in respect of matters relating to the restitution or delivery of property to the owner, have the like effect as a conviction.
(3) A bond executed under this section may contain such conditions as the court may, having regard to the particular circumstances of the case, order to be inserted therein with respect to all or any of the following matters–
(a) for prohibition of the offender from associating with undesirable persons or from frequenting undesirable places;
(b) as to abstention from intoxicating liquor, where the offence is connected with drunkenness or an offence committed under the influence of drink;
(c) generally for securing that the offender shall lead an honest and industrious life;
(d) providing that the offender with his surety or sureties, if any, shall appear in chambers before the judge of the court at such intervals as may be specified in the order.
National penalties - national proceedings
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