Nirbhaya gangrape-murder case: What is a Death Warrant

Delhi's Patiala House Court on Tuesday (January 7) issued Black warrant, also called death warrant, for all four men sentenced to death in Nirbhaya gangrape-murder case. The court ordered that the four convicts will be hanged to death on January 22 at 7 AM. The court said the convicts can use their legal remedies within 14 days. The convicts' lawyer AP Singh said that we will file curative petition in Supreme Court.

What is a Black Warrant and when it is issued? 

A Black Warrant, which is also called death warrant, is a kind of notice issued by a court announcing the time and the place of the execution for a convict, who has been awarded death sentence. In simple words we can say that a black warrant is a warrant which is issued when a hanging has to take place. 

How Black Warrant is issued?

The proceedings for the issuance of black warrant are started after the end of all the options of mercy petitions by a death row convict. The convict "be hanged by the neck until he be dead" is printed on the black warrant. 

What Black Warrant says?

The Black Warrant is addressed to the office in-charge of the jail where the death row convict is behind bars. The warrant also identifies the convict who has been sentenced to die, the case in which the person was convicted, the day he/she was awarded the death penalty and the confirmation of death sentence by the court.

The Black Warrant delivers the final instruction: "This is to authorise and require you [the jail officer] to carry the said sentence into execution by causing the said [name of convict] to be hanged by the neck until he be dead..."

The Black Warrant then provides the time and place of the execution and it also asks the concerned jail officer to respond with a certificate of the execution of the death row convict. The Black Warrant carries the signature of a judge of the trial court that had awarded the death penalty and it also has the seal of the court.