Black warrant in Dec 2012 Delhi rape case: This is what it means

According to the law, a black warrant or death warrant proceedings take place after the person on death row has exhausted all legal remedies available to them.

A local court in Delhi on Tuesday issued a black warrant against the four men who had brutally raped and tortured a 23-year-old woman on December 16, 2012, inside a moving bus in the Capital.

The four convicts, along with 2 others, sexually and physically assaulted the physiotherapy student leading to her death in a hospital in Singapore. (PTI/ File photo)

The four men were among the six, who sexually and physically assaulted the physiotherapy student leading to her death in a hospital in Singapore.

One of them got off lightly because he was not an adult and another allegedly committed suicide in Tihar Jail.

The court has ordered them to be hanged at 7am on January 22.

What is a black warrant?

Also called a death warrant, it is an order issued for the execution of a convict who has been sentenced to die.

The black warrant is termed the ‘Warrant of Execution of a Sentence of Death’ under the Code of Criminal Procedure’s (CrPC’s) Form No 42. In that form, the court orders the convict to “be hanged by the neck until he be dead”.

The form lays down the details of the procedure to hang the convict or convicts.

When is a black warrant issued?

According to the law, a black warrant or death warrant proceedings take place after the person on death row has exhausted all legal remedies available to them.

What does a black warrant say?

The black warrant is sent by a court to the jail superintendent in a red envelope or file.

The convict’s family is then informed about the execution. Once the black warrant is issued the convict is not made to work and closely monitored 24 hours a day around the week. A medical checkup is also conducted on the convict twice every day.

The black warrant identifies the convict or convicts sentenced to die, the case number, the day they were awarded the death penalty and the court that confirmed the capital punishment.

“This is to authorise and require you to carry the said sentence into execution by causing the said (convict’s name) to be hanged by the neck until he be dead...” it also says.

What is the text of the warrant?

To the Officer in charge of the Jail at ______________ (name of jail) WHEREAS ________________ (name of the prisoner), the ___ (1st, 2nd, 3rd, as the case may be) Prisoner in case No. ________ (case number) of the Calendar for 20__ at the Session held before me on the __ day of ______ (month), 20__, has been by a warrant of the Court, dated the __ day of _______, committed to your custody under sentence of death; and whereas the order of the High Court at _________ (place of the high court) confirming the said sentence has been received by this Court; This is to authorise and require you to carry the said sentence into execution by causing the said _________ (name of the prisoner) 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. Dated, this __ day of ________, 20__.

(Seal of the Court) (Signature)