All India Bar Examination (AIBE) 6-VI Previous Year Question Papers with Answers

Practice Mode:
5.

If a woman sentenced to death is found to be pregnant, the High Court shall Order the execution of the sentenced

A: To be postponed.
B: If thinks fit commute the sentence to imprisonment for life.
C: Sent for medical assistance
D: Non-Judicial mandate of Powers.

The answer is: B

<< Previous Question
Next Question >>

Explanation

The correct option is B: If thinks fit commute the sentence to imprisonment for life

As per section 416 of Cr. P.C., if a woman sentenced to death is found to be pregnant, the High Court shall commute the sentence to imprisonment for life. This means that the High Court has the power to reduce the death penalty to life imprisonment for a pregnant woman, but it is not mandatory to do so. The High Court can exercise its discretion and consider the circumstances of the case before deciding whether to commute the sentence or not. This provision is intended to protect the rights of the unborn child and the dignity of the mother.