Capital term review, mitigation probe of death row convicts
1 year, 7 months ago

Capital term review, mitigation probe of death row convicts

New Indian Express  

The order is significant as it revisits, once again, the often ignored aspect of death penalty jurisprudence. Sure, the two prisoners who are serving death sentences have committed heinous crimes: one involves a techie convicted for murdering his female friend’s three-year-old daughter and mother-in-law and injuring her husband at Attingal in Thiruvananthapuram in 2014, while the second convict is a migrant worker from Assam who is accused of raping and murdering a law student in Perumbavoor near Kochi in 2016. The Supreme Court, in April last year, decided to critically examine the routine and abrupt way in which trial judges often impose death penalties on convicts. Ordering mitigation investigation, the SC bench said, “a ‘one size fit for all’ approach while considering mitigating factors during sentence should end”. The Kerala HC order quotes the Constitution bench in the celebrated Bachan Singh v State of Punjab that “though death sentence cannot be declared as unconstitutional, such an extreme punishment of death sentence for the prescribed offences can be only in the rarest of rare cases and where the alternate punishment of life sentence is unquestionably foreclosed”.

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History of this topic

Beant Singh assassination convict Rajoana's mercy plea sensitive matter: Centre to SC
4 weeks, 1 day ago

Beant Singh assassination convict Rajoana's mercy plea sensitive matter: Centre to SC

New Indian Express  

NEW DELHI: The Centre on Monday told the Supreme Court that there was sensitivity involved in the matter related to the mercy petition of death row convict Balwant Singh Rajoana, convicted in the 1995 assassination case of then Punjab chief minister Beant Singh. A bench headed by Justice B R Gavai was hearing Rajoana's plea seeking directions to commute his …

Kerala High Court Commutes Death Sentence Of Man For Murdering 3 & 7 Yr-Old Nephews, Imposes 30-Yr Rigorous Imprisonment Sentence
5 months ago

Kerala High Court Commutes Death Sentence Of Man For Murdering 3 & 7 Yr-Old Nephews, Imposes 30-Yr Rigorous Imprisonment Sentence

Live Law  

The Kerala High Court has commuted the death penalty imposed upon Thomas Chacko alias Shibu to 30 years of rigorous imprisonment without remission for murdering his nephews aged 3 and 7. observed that Constitutional Courts have the power to substitute the death penalty imposed by the Trial Court to imprisonment for a fixed term without remission in appropriate cases. Taking …

Rape-cum-murder case: SC stays execution of death sentence awarded to convict
5 months ago

Rape-cum-murder case: SC stays execution of death sentence awarded to convict

Deccan Chronicle  

New Delhi: The Supreme Court has stayed the execution of the death sentence awarded to a man convicted for raping and murdering a 30-year-old law student in Kerala in 2016. A bench headed by Justice B R Gavai passed the order while hearing the convict's plea challenging the Kerala High Court's May 20 verdict that upheld his conviction and confirmed …

Supreme Court Stays Execution Of Death Penalty Given To Man For Rape-Murder Of Law Student In Kerala
5 months ago

Supreme Court Stays Execution Of Death Penalty Given To Man For Rape-Murder Of Law Student In Kerala

Live Law  

The Supreme Court on Tuesday stayed the execution of the death sentence given to Muhammed Ameer-Ul Islam, a migrant labourer from Assam, for committing the rape and murder of a law student in Perumbavoor on April 28, 2016.A bench comprising Justices BR Gavai, Sanjay Karol and KV Viswanathan, considering the appeal filed by the convict against the Kerala High Court's. …

Kerala HC upholds death sentence in 2016 rape and murder of law student
7 months ago

Kerala HC upholds death sentence in 2016 rape and murder of law student

Hindustan Times  

The Kerala high court on Monday upheld the death sentence given by a trial court to Muhammed Ameer ul-Islam, the lone convict in the 2016 rape and murder of a 30-year-old law student in Ernakulam district of the state. Kerala HC upholds death sentence in 2016 rape and murder of law student The accused, then 22 years old and a …

Created Fear & Vulnerability Amongst Women, Had Profound Impact On Society: Kerala High Court Confirms Death Sentence Of Man Convicted Of Brutal Rape-Murder
7 months ago

Created Fear & Vulnerability Amongst Women, Had Profound Impact On Society: Kerala High Court Confirms Death Sentence Of Man Convicted Of Brutal Rape-Murder

Live Law  

The Kerala High Court today confirmed the death sentence imposed upon Muhammed Ameer-Ul Islam, a migrant labourer from Assam for committing the rape and murder of a law student in Perumbavoor on April 28, 2016. It said, “The Court stated that the brutality committed by the accused on the body of the victim to cause her death can only be …

Orissa High Court Takes Suo Motu Cognizance Of Need For Background Analysis Of Convicts In Death Penalty Cases
7 months, 3 weeks ago

Orissa High Court Takes Suo Motu Cognizance Of Need For Background Analysis Of Convicts In Death Penalty Cases

Live Law  

The Orissa High Court has taken suo motu cognizance of need for background analysis of the convicts, so as to ascertain mitigating circumstances in their favour, before imposing the extreme sentence of death. Emphasizing the importance of providing real and effective hearing on the question of sentence, the Division Bench of Justice Sangam Kumar Sahoo and Justice Radha Krishna Pattanaik …

'Past Conduct Not Always A Factor When Imposing Death Penalty' : Supreme Court Commutes Death Sentence
1 year, 1 month ago

'Past Conduct Not Always A Factor When Imposing Death Penalty' : Supreme Court Commutes Death Sentence

Live Law  

Last week, the Supreme Court set aside the death sentence of a man accused, along with others, of firing on and killing multiple people over suspected political enmity in Uttar Pradesh’s Muzaffarnagar, observing that although the crime fell in the ‘rarest of rare’ category, the death row convict was not beyond reformation. It has been held that the court would …

‘We Have Nothing To Hide’: Delhi High Court Refuses Gag Order In Criminal Contempt Case Against Litigant Seeking Death Penalty For Judge
1 year, 3 months ago

‘We Have Nothing To Hide’: Delhi High Court Refuses Gag Order In Criminal Contempt Case Against Litigant Seeking Death Penalty For Judge

Live Law  

The Delhi High Court on Monday refused to pass a gag order in the criminal contempt proceedings initiated by it against a litigant who demanded that death penalty be imposed on a sitting judge who dismissed his pleas.As the counsel representing the State requested that the hearings in the matter be held in-camera and orders be not made public, Justice …

SC sets aside Kerala High Court order suspending conviction of MP Mohd. Faizal
1 year, 4 months ago

SC sets aside Kerala High Court order suspending conviction of MP Mohd. Faizal

The Hindu  

The Supreme Court on Tuesday set aside an order of a Single Judge Bench of the Kerala High Court suspending the conviction of Lok Sabha member in an attempt-to-murder case. ‘Societal interest’ In January, the Single Judge Bench of the High Court had suspended Mr. Faizal’s conviction on the ground that societal interest lay in averting an expensive election. However, …

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court
1 year, 7 months ago

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court

Live Law  

The Supreme Court recently upheld the decision of Madhya Pradesh High Court which acquitted an accused who was awarded death sentence by the Trial Court for the alleged murder of his wife on the ground that prosecution has failed to prove the circumstances beyond reasonable doubt. Arguments The Counsel appearing for the State submitted before the Court that the testimony …

If Prosecution Proposes Death Sentence, It Must Produce Before Trial Court Information About Background Of Accused : Supreme Court
1 year, 8 months ago

If Prosecution Proposes Death Sentence, It Must Produce Before Trial Court Information About Background Of Accused : Supreme Court

Live Law  

In a notable judgment, the Supreme Court has held that in cases where the offences are so heinous that death sentence is warranted, the prosecution must produce before the trial court all materials which are relevant to assess the mitigating circumstances favouring the accused. Trial Courts cannot impose fixed term sentences The Supreme Court also reiterated that the trial court …

Evolution of jurisprudence around capital punishment, its procedures
1 year, 8 months ago

Evolution of jurisprudence around capital punishment, its procedures

Hindustan Times  

The Supreme Court last month decided to test the validity of hanging by the neck as the method of executing death sentence in India, stating that the method can be declared unconstitutional if there is scientific material favouring a different method of execution as less painful and “more consistent with human dignity”. Over the years, there has been a constant …

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer
1 year, 8 months ago

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer

Live Law  

In a significant order, a division bench of the Patna High Court has quashed and set-aside a decision of the Standing Committee of the High Court wherein the committee had imposed a punishment of permanent withdrawal of the entire pension of a retired Additional District and Sessions Judge after finding that he had passed judicial orders for extraneous considerations. In …

Why India needs a rethink before expanding scope of death penalty
2 years, 1 month ago

Why India needs a rethink before expanding scope of death penalty

Firstpost  

It is crystal clear the graph of number of death sentences dips amazingly as the cases get referred up Put yourself in the shoes of a rape and murder victim’s parents. But while the Delhi High Court had given the death punishment calling the accused “predators”, the Supreme Court exonerated all three defendants for the 2012 rape and murder of …

DC Edit | SC move to set guidelines on death penalty welcome
2 years, 3 months ago

DC Edit | SC move to set guidelines on death penalty welcome

Deccan Chronicle  

The decision of the Supreme Court to set up a Constitution Bench to lay down guidelines for the courts on providing a convict a real and meaningful hearing before deciding on a death penalty is a refreshing step that will further civilise the criminal justice delivery system in our country. The only protection a person can have against incarceration or …

Death Penalty: SC Refers to 5-judge Bench Case on Framing Guidelines on Mitigating Circumstances
2 years, 3 months ago

Death Penalty: SC Refers to 5-judge Bench Case on Framing Guidelines on Mitigating Circumstances

News 18  

The Supreme Court on Monday referred to a five-judge Constitution bench a suo motu plea on framing of guidelines on how and when potential mitigating circumstances be considered by courts during trial in cases which entail the death penalty as the maximum punishment. A bench headed by Chief Justice Uday Umesh Lalit said it was of the opinion that this …

Death Penalty : Legislative And Judicial Chronology From Bachan Singh Vs. State Of Punjab (1980) To Manoj Singh Vs. State Of M.P(2022)
2 years, 4 months ago

Death Penalty : Legislative And Judicial Chronology From Bachan Singh Vs. State Of Punjab (1980) To Manoj Singh Vs. State Of M.P(2022)

Live Law  

Death Penalty, one of the punishments that can be awarded to an accused in India- has always been subject to diverse views, criticism and repeated evaluations of being effective or ineffective in retribution or being a necessary action in few cases. The five judge bench in Bachan Singh's case laid down elaborate frame-line and guiding factors to be taken into …

SC Upholds Rajasthan HC Decision of Death Penalty to Man for Minor's Rape and Murder
2 years, 6 months ago

SC Upholds Rajasthan HC Decision of Death Penalty to Man for Minor's Rape and Murder

News 18  

The Supreme Court on Friday confirmed the death penalty given to a man for the rape and murder of a seven-and-a-half-year-old mentally and physically challenged girl, saying the crime has been of extreme depravity and shocks the conscience. A three-judge bench of Justices A M Khanwilkar, Dinesh Maheshwari and C T Ravikumar upheld the Rajasthan High Court’s May 29, 2015 …

The challenge of reforming death penalty sentencing
2 years, 6 months ago

The challenge of reforming death penalty sentencing

The Hindu  

There has been an intense and persistent crisis in the fairness of administering the death penalty in India for many decades now that has been acknowledged in judgments of the Supreme Court of India, by former judges, lawyers, researchers, etc. Individualised sentencing The constitutionality of the death penalty was upheld in 1980 in Bachan Singh vs State of Punjab, which …

Supreme Court Allows Project 39A-NLUD To Interview Death Row Convict For Report On Character & Behaviour To Analyse Mitigating Circumstances
2 years, 6 months ago

Supreme Court Allows Project 39A-NLUD To Interview Death Row Convict For Report On Character & Behaviour To Analyse Mitigating Circumstances

Live Law  

The Supreme Court recently allowed the prayer of a death row convict to have an interview with a mitigating investigator associated with Project 39A of National Law University Delhi to submit a report regarding mitigating circumstances.The Court opined that it would be essential to have the particulars regarding the character and behaviour of accused, on record, in death penalty matters …

Supreme Court Criminal Digest -April 2022
2 years, 7 months ago

Supreme Court Criminal Digest -April 2022

Live Law  

Arms Act, 1950; Section 27 - Supreme Court Patna High Court judgment which modified the judgment passed by the Trial Court convicting the appellants- accused under Section 307 read with Section 34 Indian Penal Code to Section 324 IPC and confirming their conviction under Section 27 of the Arms Act. Mohd Firoz v. State of Madhya Pradesh, 2022 LiveLaw 390 …

A new track for capital punishment jurisprudence
2 years, 7 months ago

A new track for capital punishment jurisprudence

The Hindu  

A recent trend in the evolution of jurisprudence around the death penalty in India may reset judicial thinking around sentencing and have long-term ramifications in the awarding of capital punishment. The Court has also initiated a suo motu writ petition to delve deep into these issues on key aspects surrounding our understanding of death penalty sentencing. Building on this, the …

Revisiting death penalty jurisprudence
2 years, 7 months ago

Revisiting death penalty jurisprudence

The Hindu  

On April 22, a Bench of the Supreme Court of India, led by Justice U.U. Several other cases also were decided by ignoring the Bachan Singh doctrine, as noted by the Supreme Court itself in Santhosh Kumar Satishbhushan Bariyar vs State of Maharashtra and Rajesh Kumar vs State. Taking empirical lessons from the fate of Bachan Singh, the Supreme Court …

Supreme Court Sets April 30 Deadline For Centre To Decide Death Row Convict Balwant Singh Rajoana's Mercy Petition
2 years, 8 months ago

Supreme Court Sets April 30 Deadline For Centre To Decide Death Row Convict Balwant Singh Rajoana's Mercy Petition

Live Law  

The Supreme Court has directed the Central Government to take a call by April 30 with respect to the mercy petition of death row convict Balwant Singh, who has been in jail for over 26 years for the assassination of killing former Punjab Chief Minister Beant Singh.The bench of Justices UU Lalit, SR Bhat and PS Narasimha warned that if …

Supreme Court Death Penalty Digest 2021
2 years, 11 months ago

Supreme Court Death Penalty Digest 2021

Live Law  

In 2020, the Supreme Court had affirmed death penalty in 8 cases and commuted death sentence to life imprisonment in 3 cases. The Supreme Court also upheld a High Court decision to convert the death sentence to life imprisonment. Gavai Justice L. Nageswara Rao Affirmed the order of High Court which commuted death sentence to life imprisonment 4. As per …

Supreme Court Commutes Death Sentence in a Triple Murder Case
3 years ago

Supreme Court Commutes Death Sentence in a Triple Murder Case

Live Law  

Supreme Court has recently commuted the death penalty awarded to a man convicted for triple murder.A bench comprising of Justice B.V. Nagarathna, Justice L. Nageshwar Rao, Justice B.R. Gavai was considering an appeal filed by the convict against the Madhya Pradesh High Court Judgment sentencing him to death by affirming the death sentence passed by the trial Court for the …

Batla House Case: Is Ariz Khan’s Death Sentence ‘Rarest of Rare’?
3 years, 9 months ago

Batla House Case: Is Ariz Khan’s Death Sentence ‘Rarest of Rare’?

The Quint  

In Santosh Kumar Satishbhushan Bariyar v. State of Maharashtra, the Supreme Court provided two steps that must be followed to evaluate whether the death penalty would be the appropriate sentence. Identification and balancing of aggravating and mitigating circumstances of both the crime and the criminal to see whether the case would fall under the category of ‘rarest of rare’. The …

Decide Death Row Convict Balwant Singh Rajoana's Mercy Plea By Jan 25, Supreme Court Asks Centre
3 years, 11 months ago

Decide Death Row Convict Balwant Singh Rajoana's Mercy Plea By Jan 25, Supreme Court Asks Centre

Live Law  

The Supreme Court on Friday asked the Central Government to submit the recommendations to the President regarding the mercy plea of death row convict Balwant Singh Rajoana by January 25.A bench headed by CJI SA Bobde said this while hearing a writ petition filed by Balwant Singh seeking commutation of his death penalty on the ground that his mercy petition …

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