Section 374 of The Code of Criminal Procedure (CrPC) provides that the sentence of death shall not be executed unless it is confirmed by the High Court.
In other words, the sentence of death imposed by the Court of sessions is not effective until and unless it is confirmed by the High Court. It is only when the High Court confirms the sentence of death that it is capable of execution. Proceedings brought before the High Court for confirmation of a death sentence give a right to the condemned prisoner to be heard on the merits and to require the High Court to consider the matter for itself without being influenced by the conclusions recorded by the Court of Sessions. The conclusions of the High Court on the merits in such proceedings must be independent,. and so, the High Court inevitably has to go into the whole of the evidence. Consider all the pro and cons of the case and satisfy itself that the offence charged under Section 302 of the IPC is established beyond all reasonable doubt and the sentence of death submitted to it for confirmation is fully justified.