What is Black Warrant (Form No. 42)

Black warrant Meaning:- The black warrant is addressed to the office in charge of the jail. It is also known as a death warrant or execution warrant, it identifies the convict who has been sentenced to death, the case, the day of his or her awarded death penalty and the court that confirmed the punishment after review mercy petition. The Black Warrant is titled ‘Warrant of Execution of a Sentence of Death. The family and advocate of accused of the convict are then informed about the execution of warrant.

What is Black Warrant ?

There are 56 forms under the CrPC, i.e., In CrPC, there is a form, form number 42. The same form number 42 is called the death warrant.

On the top of the Form No.42, it is written – “Warrant of execution of a sentence of death”. It is generally known as Black Warrant. When this warrant is issued by the court then it means that a person is hanged till death.

The proceedings for the black warrant/Death Warrant are initiated after all the options of mercy petitions are exhausted by a death row convict. The Union Home Ministry has also sent the file to the President for review the petition and confirmation; the President will decide (Article 72 of Indian Constitution) on it and convey its decision to Jail authorities. If the petition is rejected, the jail authorities will move the court seeking to issue a ‘Black warrant‘ for the convict.

In Nirbhaya Rape case 2012 convict, the mercy petition of Vinay Sharma has been rejected by both the Delhi government and Lieutenant Governor. The Delhi High Court issued execution warrants against the rest of the 4 convicts and directed that they be hanged in the Tihar Jail.

Form number 42 of the criminal procedure code specifically deals with “Warrant of Execution of a Sentence of Death”

Warrant of Execution of a Sentence of Death (Form No. 42)

To the Officer in charge of the Jail at ______ (name of jail)

WHEREAS…………… (name of the prisoner, he/she), the _ (1st, 2nd, 3rd, as the case may be) Prisoner in Case Number ………..of the Calendar for 20…….at the Session held before me on the …..Day of ……… 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 authorize and require you to carry the said sentence into execution by causing the said ………. 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)