PART I – GENERAL PROVISIONS

CHAPTER VI – PUNISHMENTS

24. Different kinds of punishments
The following punishments may be inflicted by a court—
(a) death;

PART I – GENERAL PROVISIONS

CHAPTER VI – PUNISHMENTS

25. Sentence of death
(1) Where any person is sentenced to death, the form of the sentence shall be to the effect only that he is to suffer death in the manner authorized by law.

PART II – CRIMES

Division IV – Offences against the Person

CHAPTER XIX – MURDER AND MANSLAUGHTER

203. Murder
Any person who of malice aforethought causes death of another person by an unlawful act or omission is guilty of murder.

204. Punishment of murder
Any person convicted of murder shall be sentenced to death.

PART II – CRIMES

Division IV – Offences against the Person

CHAPTER XIX – MURDER AND MANSLAUGHTER

211. Sentence of death not to be passed on pregnant woman
Where a woman convicted of an offence punishable with death is found in accordance with the provisions of section 212 to be pregnant, the sentence to be passed on her shall be a sentence of imprisonment for life instead of sentence of death.

212. Procedure where woman convicted of capital offence alleges she is pregnant
(1) Where a woman convicted of an offence punishable with death alleges that she is pregnant, or where the court before whom she is so convicted thinks fit so to order, the question whether or not the woman is pregnant shall, before sentence is passed on her, be determined by the trial judge.
(2) The question whether the woman is pregnant or not shall be determined by the judge on such evidence as may be laid before him on the part of the woman or on the part of the Republic, and the judge shall find that the woman is not pregnant unless it is proved affirmatively to his satisfaction that she is pregnant.
(3) Where in proceedings under this section the judge finds that the woman in question is not pregnant, the woman may appeal to the Court of Appeal, and that Court, if satisfied that for any reason the finding should be set aside, shall quash the sentence passed on her and instead thereof pass on her a sentence of imprisonment for life.
(4) If for any reason whatsoever the trial judge is unable to sit for the purpose of determining the question whether or not the woman is pregnant, then some other judge of the High Court shall sit and determine that question.

PART X – SENTENCES AND THEIR EXECUTION

SENTENCE OF DEATH

330. Accused to be informed of right to appeal
When an accused person is sentenced to death, the court shall inform him of the time within which, if he wishes to appeal, his appeal should be preferred.

PART VI – SERVICE OFFENCES

Offences concerning Courts Martial and other Authorities

131. Attempt to commit an offence
A person subject to this Act who attempts to commit an offence under any of the provisions of this Act commits an offence and shall be liable, on conviction by a court-martial, to—
(a) imprisonment for a term not exceeding seven years, if the attempted offence is punishable by death or by imprisonment for life; or
(b) the same punishment as is provided for the attempted offence, in this Act or any other law.

PART VIII – SUMMARY DISCIPLINARY PROCEEDINGS

151. Rights and representation of an accused person during trial
(4) Notwithstanding subsection (3), where the offence is punishable by death, the accused person shall be entitled to legal representation at the expense of the State.

PART IX – COURTS MARTIAL

Punishment by the court-martial

180. Punishment of officers
(1) The punishments that may be imposed on an officer by sentence of a courtmartial are, subject to the limitations hereinafter provided, those set out in the following scale—
(a) death;

PART IX – COURTS MARTIAL

Punishment by the court-martial

181. Punishment of service members
(1) The punishments that may be awarded to a service member by sentence of a court-martial are, subject to the limitations hereinafter provided, those set out in the following scale—
(a) death;

PART IX – COURTS MARTIAL

Promulgation

184. Approval of Death sentence by President
A sentence of death passed on a person on active service shall not be carried out on that person unless the sentence is approved by the President.

THIRD SCHEDULE
GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR DATED THE 12TH AUGUST, 1949

PART III – CAPTIVITY

SECTION VI – RELATIONS BETWEEN PRISONERS OF WAR AND THE AUTHORITIES

CHAPTER III – PENAL AND DISCIPLINARY SANCTIONS

III – JUDICIAL PROCEEDINGS

Article 100
II. Death penalty

Prisoners of war and the Protecting Powers shall be informed, as soon as possible, of the offences which are punishable by the death sentence under the laws of the Detaining Power.

Other offences shall not thereafter be made punishable by the death penalty without the concurrence of the Power upon which the prisoners of war depend.

The death sentence cannot be pronounced on a prisoner of war unless the attention of the court has, in accordance with Article 87, second paragraph, been particularly called to the fact that since the accused is not a national of the Detaining Power, he is not bound to it by any duty of allegiance, and that he is in its power as the result of circumstances independent of his own will.

THIRD SCHEDULE
GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR DATED THE 12TH AUGUST, 1949

PART III – CAPTIVITY

SECTION VI – RELATIONS BETWEEN PRISONERS OF WAR AND THE AUTHORITIES

CHAPTER III – PENAL AND DISCIPLINARY SANCTIONS

III – JUDICIAL PROCEEDINGS

Article 107
VI. Notification of findings and sentence

Furthermore, if a prisoner of war is finally convicted or if a sentence pronounced against a prisoner of war in the first instance is a death sentence, the Detaining Power shall as soon as possible address to the Protecting Power a detailed communication containing:

FOURTH SCHEDULE
GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR DATED THE 12TH AUGUST, 1949

PART III – STATUS AND TREATMENT OF PROTECTED PERSONS

SECTION III – OCCUPIED TERRITORIES

Article 68
V. Penalties. Death penalty

The death penalty may not be pronounced on a protected person unless the attention of the court has been particularly called to the fact that since the accused is not a national of the Occupying Power, he is not bound to it by any duty of allegiance.

In any case, the death penalty may not be pronounced on a protected person who was under eighteen years of age at the time of the offence.

FOURTH SCHEDULE
GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR DATED THE 12TH AUGUST, 1949

PART III – STATUS AND TREATMENT OF PROTECTED PERSONS

SECTION III – OCCUPIED TERRITORIES

Article 75
V. Death sentence

In no case shall persons condemned to death be deprived of the right of petition for pardon or reprieve.

No death sentence shall be carried out before the expiration of a period of at least six months from the date of receipt by the Protecting Power of the notification of the final judgment confirming such death sentence, or of an order denying pardon or reprieve.

The six months period of suspension of the death sentence herein prescribed may be reduced in individual cases in circumstances of grave emergency involving an organized threat to the security of the Occupying Power or its forces, provided always that the Protecting Power is notified of such reduction and is given reasonable time and opportunity to make representation to the competent
occupying authorities in respect of such death sentences.