Explanation:

Both are incorrect statement.

• According to Section 28(2) of the Criminal Procedure Code 1973, A Sessions Judge or Additional Sessions Judge may pass any sentence authorized by law, but any sentence of death passed by any Judge shall be subject to confirmation by the High Court.
• The Court of a Magistrate of the first class can pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding ten thousand rupees, or both. Hence a Judicial Magistrate of the first class cannot award a death sentence.
• In 1962, the Law Commission, in its 35th report, had recommended the retention of the death penalty.
• The 262nd Law Commission of India’s report on the death penalty has recommended the abolition of the death penalty for all offences except those related to terrorism. 

Hence option 4th is correct.