Nirbhaya Case Death Sentence: Black Warrant Explained

The Patiala House Court, on Tuesday, issued a death warrant in the Nirbhaya case to all the four accused. The four convicts, Mukesh Singh, Akshay Thakur, Vinay Sharma and Pawan Gupta, were among six, who had gang-raped and brutally tortured a 26 year-old medical student leading to her death in December 2012. One of them, Ram Singh committed suicide in jail, while another accused, a juvenile, was released after three years in a reform home.

What is a Black Warrant?

A court issues a Black warrant or death warrant to the jail superintendent authorising the death sentence to be carried out through execution of a condemned person.

Once the death warrant is issued, the convict's family is informed about the execution.

He/she is not made to work, and his/her health check-up is done twice a day.

Prison authorities closely monitor the convict around the clock.

The Black Warrant, with the seal of the Court and date, bears the title, 'Warrant of Execution of a Sentence of Death'.

It is a part of forms in CrPC (Code of Criminal Procedure) and is addressed to the officer in charge of the jail in question.

The Black warrant cites the name of the prisoner (s), case no. and date. It states that by a warrant of the court it commits the prisoner (s) to the jail superintendent's custody under sentence of death.

It states that the order of the High Court confirming the death sentence has been received by the court and authorises the prison officer/superintendent to carry the said sentence into execution by causing the said prisoner (giving his name) to be hanged by the neck "until he be dead, at _______________ (time and place of execution), and to return this warrant to the Court with an endorsement certifying that the sentence has been executed."

The execution, according to media reports, is likely to take place in Jail 3 of Tihar jail and will be carried out by hangman, Pawan Jallad from Meerut. The ropes have reportedly been brought from Bihar's Buxar.