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 Court, in Mofil Khan vs State of Jharkhand, held that the “the State is under a duty to procure evidence to establish that there is no possibility of reformation and rehabilitation of the accused” and that “the Court will have to highlight clear evidence as to why the convict is not fit for any kind of reformatory and rehabilitation scheme.” Undoubtedly, the onus has been placed on the State to lead evidence to show that no reformation is possible and for the sentencing courts to be satisfied that a thorough mitigation analysis was done before the death sentence is awarded. The entire judicial exercise that has culminated in the institution of the suo motu writ petition will only go to strengthening the doctrine of the rarest of rare, as laid down in the Bachan Singh case and, thereby, reinstating fairness in the death penalty sentencing exercise.

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History of this topic

State Must Not Defeat Purpose Of Death Sentence By Showing Laxity In Implementation: Supreme Court
1 week, 6 days ago

State Must Not Defeat Purpose Of Death Sentence By Showing Laxity In Implementation: Supreme Court

Live Law  

The Supreme Court while upholding the commutation of death sentences of two convicts highlighted several instances of administrative and judicial delays in the processing of mercy petitions and issuance of death warrants, which ultimately led to the commutation of sentence. A bench of Justices Abhay Oka, Ahsanuddin Amanullah, and Augustine George Masih observed a delay of over three years by …

Supreme Court Issues Guidelines On Death Penalty Execution & Mercy Petitions To Avoid Delay In Process
2 weeks, 1 day ago

Supreme Court Issues Guidelines On Death Penalty Execution & Mercy Petitions To Avoid Delay In Process

Live Law  

The Supreme Court on Monday directed all states and union territories to constitute a dedicated cell for the prompt processing of the mercy petitions by death row convicts within the timeline laid down by the respective governments. The dedicated cell shall be responsible for the prompt processing of the mercy petitions within the time frame laid down by the respective …

Supreme Court Seeks Responses From 6 States & HCs In Suo Motu Case Over Stay Orders Affecting Trials & Delay In Prosecution Sanctions
2 weeks, 1 day ago

Supreme Court Seeks Responses From 6 States & HCs In Suo Motu Case Over Stay Orders Affecting Trials & Delay In Prosecution Sanctions

Live Law  

The Supreme Court today sought the response of 6 State Governments and their High Courts on the issue of adverse effects of stay orders in criminal trials and the delay in granting sanctions for criminal prosecution. A bench of Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar was hearing the Suo motu case regarding the adverse effect …

Supreme Court Requests President To Decide Death Row Convict Balwant Singh's Mercy Petition In 2 Weeks
1 month, 1 week ago

Supreme Court Requests President To Decide Death Row Convict Balwant Singh's Mercy Petition In 2 Weeks

Live Law  

Specifically on Rohatgi's arguments on national security, Counsel for Punjab responded: "An affidavit was filed by the Union, wherein a national threat was stated in the affidavit that there is national threat on release of this person." However, while confirming the conviction of a co-accused Jagtar Singh Hawara, the High Court commuted the death sentence to life imprisonment. However, on …

Supreme Court takes suo motu cognizance of Kolkata rape-murder case, hearing on Tuesday
4 months ago

Supreme Court takes suo motu cognizance of Kolkata rape-murder case, hearing on Tuesday

Hindustan Times  

The Supreme Court has taken suo motu cognizance of the horrific rape and murder of a 31-year-old trainee doctor at R.G. Kolkata rape-murder case: A bench led by Chief Justice of India DY Chandrachud will hear the matter on Tuesday. Follow LIVE updates on Kolkata rape-murder case The Supreme Court's intervention comes in the wake of mounting public pressure and …

Ruling on Sisodia calls for judicial reforms in bail process
4 months, 2 weeks ago

Ruling on Sisodia calls for judicial reforms in bail process

Hindustan Times  

New Delhi The Supreme Court verdict granting bail to former Delhi deputy chief minister Manish Sisodia in connection with the Delhi excise policy case marks a critical precedent, particularly in high-profile cases where gravity of charges and prolonged incarceration has been used as tools to deny individuals their right to liberty. The court observed that in many instances, both trial …

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 …

Exercising mercy as a Constitutional duty: Pardon for death sentence: What is the law?
6 months ago

Exercising mercy as a Constitutional duty: Pardon for death sentence: What is the law?

Hindustan Times  

After a person is convicted of an offence, and the court holding it to be the rarest of the rare cases, passes a death sentence, justice does not rest. Justice is not merely in the passing of an adequate sentence but encompasses due process, which includes the convict’s right to appeal the sentence within the given legal framework – confirmation, …

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 …

Bombay High Court Commutes Man’s Death Sentence To 25 Yrs Imprisonment For Rape, Murder Of 6-Yr-Old
1 year, 3 months ago

Bombay High Court Commutes Man’s Death Sentence To 25 Yrs Imprisonment For Rape, Murder Of 6-Yr-Old

Live Law  

The division bench of Justice Vibha Kankanwadi and Justice Abhay S Waghwase observed that the trial court did not consider mitigating factors, including the convict's background and the absence of any prior criminal record while awarding the death penalty. The Bombay High Court on Friday commuted the death sentence to 25-year fixed-term imprisonment for a 36 years old labour, convicted …

Supreme Court Acquits Convict On Death Row; Orders Immediate Release
1 year, 4 months ago

Supreme Court Acquits Convict On Death Row; Orders Immediate Release

Live Law  

The Supreme Court on Wednesday acquitted a death row prisoner convicted in the murder of his two brothers and own son. This verdict was delivered by a three-judge bench of Justices BR Gavai, PS Narasimha, and Prashant Kumar Mishra after hearing the convict’s plea against the Allahabad High Court confirming the death sentence handed to him by a Uttar Pradesh …

Supreme Court Closes Suo Motu Case Against Allahabad HC Direction To Examine If Woman Who Alleged Rape On Marriage Promise Was 'Mangalik'
1 year, 5 months ago

Supreme Court Closes Suo Motu Case Against Allahabad HC Direction To Examine If Woman Who Alleged Rape On Marriage Promise Was 'Mangalik'

Live Law  

The Supreme Court on Tuesday closed the matter in which it took suo motu cognizance of the order of the Allahabad High Court which directed the Head of Astrology Department, Lucknow University to determine if an alleged rape victim is a Mangali/Mangalik by examining her Kundali. Justice Dhulia stated that the Court in its previous order had left it to …

Madhya Pradesh High Court Takes Suo Motu Cognizance Of Death Of Children In Open Tube-Wells
1 year, 6 months ago

Madhya Pradesh High Court Takes Suo Motu Cognizance Of Death Of Children In Open Tube-Wells

Live Law  

The Madhya Pradesh High Court on Monday took suo motu cognizance of the deaths of children in the open tube-wells. While initiating a case on the issue, the division bench of the Chief Justice Ravi Malimath and Justice Vishal Mishra said the matter pertains to the unfortunate death of children in the open tube-wells throughout the state of Madhya Pradesh. …

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 …

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 …

Decide Mercy Petitions Against Death Sentence At The Earliest So That Convicts Won't Take Undue Advantage : Supreme Court
1 year, 8 months ago

Decide Mercy Petitions Against Death Sentence At The Earliest So That Convicts Won't Take Undue Advantage : Supreme Court

Live Law  

The Supreme Court directed all State Governments to ensure that mercy petitions in death penalty cases are decided and disposed of at the earliest. In the matter, the High Court commuted the death sentence to life imprisonment on the ground that there was an inordinate unexplained delay on the part of the State/Governor of the State in not deciding the …

Inordinate delay in 'mercy petition' would frustrate object of death sentence: Supreme Court
1 year, 8 months ago

Inordinate delay in 'mercy petition' would frustrate object of death sentence: Supreme Court

India TV News  

Supreme Court on mercy petition: The Supreme Court of India has said if there is an inordinate delay in not deciding the mercy petition, the object and purpose of the death sentence would be frustrated, and asked states/appropriate authorities to decide mercy petitions at the earliest. "If even after the final conclusion, even up to this court, even thereafter there …

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 …

Abolition is the way: The Hindu Editorial on the higher judiciary’s move on the death penalty
1 year, 9 months ago

Abolition is the way: The Hindu Editorial on the higher judiciary’s move on the death penalty

The Hindu  

Forty years after holding that the mode of executing prisoners by hanging cannot be termed too cruel or barbaric, the Supreme Court of India has now ventured to find out if there is a more dignified and less painful method to carry out death sentences. The idea of finding an alternative mode of execution, one considered less painful and involves …

Uphold dignity in death penalty
1 year, 9 months ago

Uphold dignity in death penalty

Hindustan Times  

There are layers upon layers in the judicial debate on capital punishment — the efficacy and ethics of administering the death penalty, the adequacy of procedural safeguards, the choice of the most humane way to execute a person, and even the moral argument — but at its heart rests the motivation to safeguard the dignity of the life that is …

165 Death Sentences Awarded By Trial Courts In 2022, Highest Ever In A Year Since 2000 : Project 39A Report
1 year, 10 months ago

165 Death Sentences Awarded By Trial Courts In 2022, Highest Ever In A Year Since 2000 : Project 39A Report

Live Law  

In 2022, trial courts imposed the largest number of death sentences in a single year since 2000 while the death row population was the highest it has been since 2004. Overview of Death Sentences In 2022, trial courts imposed death sentences on 165 persons - the largest number of death sentences imposed in a single year in over two decades …

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 …

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 …

Prosecutors Given Weightage Points For Persuading Judges To Award Death Penalty : Supreme Court Expresses Surprise At MP Govt Policy
2 years, 7 months ago

Prosecutors Given Weightage Points For Persuading Judges To Award Death Penalty : Supreme Court Expresses Surprise At MP Govt Policy

Live Law  

The Supreme Court, on Tuesday, was perturbed to note that an affidavit filed by the State of Madhya Pradesh indicates that one of the parameter's to adjudge a Public Prosecutor as the 'Star Prosecutor of the Month' is their ability to secure death sentence. Lalit, S. Ravindra Bhat and Sudhanshu Dhulia was hearing a suo moto writ petition pertaining to …

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 …

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 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 …

Broad Parameter Of 50% Sentence Undergone Can Be Basis For Grant Of Bail To Convicts When Appeal Is Pending : Supreme Court
3 years, 2 months ago

Broad Parameter Of 50% Sentence Undergone Can Be Basis For Grant Of Bail To Convicts When Appeal Is Pending : Supreme Court

Live Law  

While considering the issue of long pendency of criminal appeals in the Allahabad High Court, the Supreme Court has observed that the High Court must explore granting bail to convicts who have undergone eight years of the sentence.The Court observed that the bail is the rule where the convict has already undergone eight years of actual sentence. While considering the …

Supreme Court Registers Suo Motu Case On Issue Of Long Pendency Of Criminal Appeals In Allahabad High Court
3 years, 2 months ago

Supreme Court Registers Suo Motu Case On Issue Of Long Pendency Of Criminal Appeals In Allahabad High Court

Live Law  

The Supreme Court on Tuesday registered a suo motu case on the issue of long pendency of criminal appeals in the Allahabad High Court. A bench comprising Justices Sanjay Kishan Kaul and MM Sundresh ordered the registration of the suo motu case, after noting that the suggestions given by the Allahabad High Court in its affidavit are "cumbersome". The bench …

'This Is Too Much' : Delay In Release Of Agra Prisoners After Grant Of Bail Prompts Supreme Court To Take Suo Motu Cognizance
3 years, 5 months ago

'This Is Too Much' : Delay In Release Of Agra Prisoners After Grant Of Bail Prompts Supreme Court To Take Suo Motu Cognizance

Live Law  

The Supreme Court's suo motu case on the issue of delay of release of prisoners after grant of bail was prompted by a recent news report which stated that the convicts lodged in Agra Central Jail have not been released even after 3 days of the order granting them bail.On July 8, the Supreme Court had ordered to "immediately" release …

Criminal Cases Against MPs/MLAs: Infrastructure In Place, Special Courts To Dispose Of Cases Quickly: Madras High Court Closes Suo Moto Plea
3 years, 6 months ago

Criminal Cases Against MPs/MLAs: Infrastructure In Place, Special Courts To Dispose Of Cases Quickly: Madras High Court Closes Suo Moto Plea

Live Law  

The Madras High Court last week directed the Special Courts hearing pending criminal cases against the MLAs and MPs to dispose of the cases as quickly as possible and with this direction, the Suo Moto Plea was closed.The bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy was hearing a petition wherein the Court had taken suo moto cognizance …

Wrongful prosecution: plea in Supreme Court seeks guidelines for compensating victims
3 years, 9 months ago

Wrongful prosecution: plea in Supreme Court seeks guidelines for compensating victims

The Hindu  

A petition has been filed in the Supreme Court highlighting need for the government to frame guidelines for compensating victims of wrongful prosecution by the police or authorities. “Surprisingly, India, with a population of around 1.5 billion, has no effective statutory/legal Mechanism for the wrongful prosecutions due to police and prosecutorial misconduct resulting in a pandemic of false cases which …

High Court Seeks Details Of All Pending Cases Against MPs/MLAs in States Of Punjab, Haryana & U.T. Chandigarh
3 years, 9 months ago

High Court Seeks Details Of All Pending Cases Against MPs/MLAs in States Of Punjab, Haryana & U.T. Chandigarh

Live Law  

The Punjab & Haryana High Court on Thursday sought information of all the cases pending against the MPs/MLAs in the States of Punjab, Haryana & U.T. No.600/2016, the Punjab & Haryana High Court has registered a suo motu petition for monitoring the progress of the trials of the pending criminal cases against sitting/former Legislators. A division bench of Madras High …

Supreme Court Orders In Matters Related To COVID-19
3 years, 11 months ago

Supreme Court Orders In Matters Related To COVID-19

Live Law  

The Supreme Court of India has passed many judgments and orders in the matters related to COVID-19, in the year 2020. A Bench of Justices Ashok Bhushan, Sanjay Kishan Kaul and MR Shah directed that the States and all concerned shall supply the COVID-19 test results to the patient or his relatives and the hospital. The Bench also directed the …

[Criminal Cases Against MPs/MLAs] Madhya Pradesh HC Registers Suo Moto Petition; Issues Notices [Read Order]
4 years, 2 months ago

[Criminal Cases Against MPs/MLAs] Madhya Pradesh HC Registers Suo Moto Petition; Issues Notices [Read Order]

Live Law  

In compliance of the order of the Supreme Court dated 16.09.2020 passed in W.P. No.600/2016, the Madhya Pradesh High Court registered a suo motu petition on 21.09.2020 for monitoring the progress of the trials of the pending criminal cases against sitting/former Legislators. It may be noted that the Supreme Court on Wednesday asked the Chief Justices of the High Courts …

ILS Webinar: Revisiting Jurisprudence On Capital Punishment In India [11th July]
4 years, 5 months ago

ILS Webinar: Revisiting Jurisprudence On Capital Punishment In India [11th July]

Live Law  

Indian Law Society's Law College, Criminal Law Cell is organizing a webinar on the "Revisiting Jurisprudence on Capital Punishment in India". The webinar aims to get insights on different aspects of the death penalty such as philosophies behind it, constitutionality, ground realities, and discussion on both abolition and retention of the death penalty in India. Day & Date: Saturday, 11th …

Plea In SC Seeks Guidelines For Time Bound Disposal Of Clemency & Mercy Petitions
4 years, 5 months ago

Plea In SC Seeks Guidelines For Time Bound Disposal Of Clemency & Mercy Petitions

Live Law  

A plea in the Supreme Court has been preferred seeking directions for issuance of guidelines via-à-vis disposal of clemency/mercy writ petitions and resultant execution of death sentence in a time bound manner.Advocate Dr. Subhash Vijayran has filed the petition and highlights the irregularities in deciding writ petitions across high courts while particularly focussing on the case of. A plea in …

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