Consider the following statements:
1. The highest criminal court of the district is the Court of District and Sessions Judge.
2. The District Judges are appointed by the Governor in consultation with the High Court.
3. A person to be eligible for appointment as a District Judge should be an advocate or a pleader of seven years' standing or more, or an officer in judicial service of the Union or the State.
4. When the Sessions Judge awards death sentence, it must be confirmed by the High Court before it is carried out.
Which of the statements given above are correct?
Correct Answer: Option D
Explanation
1 Statement 1 is correct. The Court of District and Sessions Judge is the highest criminal court in a district.
2 Statement 2 is correct. According to Article 233 of the Constitution, the appointment, posting, and promotion of District Judges in any State are made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.
3 Statement 3 is correct. Article 233(2) lays down the eligibility criteria: a person not already in the service of the Union or the State shall only be eligible for appointment as a District Judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court.
4 Statement 4 is correct. As per Section 366 of the Code of Criminal Procedure (CrPC), when the Sessions Judge passes a sentence of death, the proceedings must be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court.
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