What is black warrant?
A black warrant (also sometimes referred to as a death warrant) is a formal written order issued by a court, typically a sessions court, authorizing the execution of a person who has been sentenced to death. It serves as the final instruction to prison authorities to carry out the sentence.
Key aspects of a black warrant include:
- Issuance: It is issued after all judicial avenues of appeal and clemency have been exhausted by the condemned person.
- Content: The warrant specifies the name of the condemned prisoner, the crime for which they were convicted, the date and time of the execution, and the jail in which the execution is to take place.
- Execution: The jail superintendent is responsible for ensuring the execution is carried out according to the warrant. This includes making all necessary arrangements, such as preparing the gallows, informing the executioner, and following all prescribed procedures.
- Legal Basis: The Code of Criminal Procedure (CrPC) and prison manuals lay down the procedure for issuing and executing a black warrant.
- Significance: It signifies the finality of the judicial process and the carrying out of the death penalty as punishment for a heinous crime.
- Judicial Review: There can be judicial review even after the issuance of a black warrant in cases of procedural lapses or on humanitarian grounds.
- Challenging the Warrant: While rare, it may be possible to challenge the warrant based on factors like mental illness or procedural irregularities.
Important subjects: