Section 43
Section 43 of the Assam Prisons Act, 2013. Where a sentence of death is passed or confirmed by the High Court and the person sentenced does not make an appeal to the Supreme Court or an application for mercy within the stipulated period, or where a sentence of death is upheld by the Supreme Court and the person sentenced does not make an app
(1) Where a sentence of death is passed or confirmed by the High Court and the person sentenced does not make an appeal to the Supreme Court or an application for mercy within the stipulated period, or where a sentence of death is upheld by the Supreme Court and the person sentenced does not make an application for mercy within the stipulated period, the Superintendent shall make a reference of the case to the State Government under intimation to the Inspector General, and postpone the execution of the sentence of death pending receipt of the orders of the State Government.
(2) Upon a reference being made of a case as aforesaid, the State Government shall proceed to act as if an application for mercy has been made by the inmate under sentence of death, and ---- (a) if it has the power to commute the sentence of death, may in its discretion commute the sentence of death;
(b) if it has the power to commute the sentence of death but in its discretion decides not to exercise that power, shall refer the case to the Central Government for decision;
(c) if it does not have the power to commute the sentence of death, shall, refer the case to the Central Government as well as such other appropriate Government as has power to commute the sentence of death, for decision. CHAPTER - VIII FOOD, CLOTHING AND BEDDING Supply of food, clothing and bedding etc.
Section 43, The Assam Prisons Act, 2013 (Act 15 of 2013).
Questions about Section 43
How do I find court cases under Section 43 of the Assam Prisons Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Assam Prisons Act 2013 43, section 43 Assam Prisons Act 2013, section 43 of the Assam Prisons Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When was the Assam Prisons Act enacted?
Assam Prisons Act was enacted in 2013 as Act 15 of 2013. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/47531d6b-87b6-43f9-80c8-d742032f99b7.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/02780982-df02-4858-a717-eb588b445073/content). This page is not a substitute for legal advice.