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 matter required a hearing by a larger bench to have clarity and uniform approach as to when an accused, facing death penalty as maximum sentence, is required to be heard with regard to mitigating circumstances. A death sentence is irreversible and every opportunity should be given to the accused for consideration of mitigating circumstances so that the court concludes that capital punishment is not warranted, the bench had observed while reserving its verdict on August 17. The case was titled as Framing Guidelines Regarding Potential Mitigating Circumstances to be Considered While Imposing Death Sentences.

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History of this topic

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 …

Dr Subbiah Murder | Trial Court Showed "Callous Attitude" In Failing To Appreciate Evidence, Disregarded Legal Proposition: Madras High Court
6 months ago

Dr Subbiah Murder | Trial Court Showed "Callous Attitude" In Failing To Appreciate Evidence, Disregarded Legal Proposition: Madras High Court

Live Law  

While setting aside the conviction of all 9 accused in the infamous Dr. Subbiah murder case, the Madras High Court recently observed that the trial court had taken a callous approach in the case, by not appreciating the evidence before it and disregarding the settled legal proposition. “We thought it fit to touch upon this aspect also to highlight the …

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 …

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 …

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 …

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 …

Death Penalty By Hanging Barbaric? Supreme Court To Examine Less Painful Alternatives
1 year, 9 months ago

Death Penalty By Hanging Barbaric? Supreme Court To Examine Less Painful Alternatives

Live Law  

The Supreme Court on Tuesday expressed its inclination towards constituting an expert committee to determine if the execution of death penalty through hanging was proportionate. A bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha was hearing a PIL seeking to abolish the present practice of executing a death row convict by hanging which involves “prolonged pain. A bench …

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 …

SC Deprecates 'dilatory Tactics' Adopted by Parties in Death Penalty Case
2 years, 1 month ago

SC Deprecates 'dilatory Tactics' Adopted by Parties in Death Penalty Case

News 18  

The Supreme Court on Monday strongly deprecated the “dilatory tactics” adopted by the parties and their advocates for “deflecting the course of justice” in a murder case, where seven of the convicts have been awarded death sentence. Justice Bela M Trivedi, who was also part of the bench, took a strict view and said, “Such a dilatory tactics adopted by …

The death penalty and humanising criminal justice
2 years, 1 month ago

The death penalty and humanising criminal justice

The Hindu  

As a conservative agency of the state, the Supreme Court of India is ordinarily expected to tread the path laid out by the written text of law and the binding precedents. On policies and uniformity The focus here is on reframing ‘Framing Guidelines Regarding Potential Mitigating Circumstances to be Considered While Imposing Death Sentences’, a decision authored by the three …

Supreme Court Monthly Criminal Digest: September 2022
2 years, 2 months ago

Supreme Court Monthly Criminal Digest: September 2022

Live Law  

Bail - Post-conviction bail – All persons who have completed 10 years of sentence and appeal is not in proximity of hearing with no extenuating circumstances should be enlarged on bail. Mohd Shakir v. State of Uttar Pradesh, 2022 LiveLaw 727 Code of Criminal Procedure, 1973; Section 154 - If multiple First Information Reports by the same person against the …

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 …

Suspension Of Sentence U/S 389 CrPC Need Not Be Considered In Heinous Cases Unless Appeal Remains Undecided For 5/6 Years: J&K&L High Court
2 years, 3 months ago

Suspension Of Sentence U/S 389 CrPC Need Not Be Considered In Heinous Cases Unless Appeal Remains Undecided For 5/6 Years: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that it has only to be after 5/6 years in case the appeal is not disposed of, that suspension of sentence and grant of bail under Section 389 CrPC be considered, in a heinous case like murder. The bench comprising Justices Ali Mohammad Magrey and MD Akram Chowdhary was hearing …

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 …

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 …

Judges mustn’t be swayed in favour of death penalty: Supreme Court
2 years, 10 months ago

Judges mustn’t be swayed in favour of death penalty: Supreme Court

The Hindu  

Do not prescribe death penalty with an eye only on the abhorrence of the crime, equally consider factors that can help the prisoner keep his life, the Supreme Court told judges across the country in a verdict on Wednesday. In a judgment which may become a significant precedent to the anti-death penalty cause, the apex court said trial judges should …

Court Can't Obviate Duty to Record Reasons While Deciding on Bail, Says SC
3 years, 8 months ago

Court Can't Obviate Duty to Record Reasons While Deciding on Bail, Says SC

News 18  

A court cannot obviate its duty to record reasons while deciding on bail as the matter implicates the liberty of accused, interest of the state and the victims in proper administration of criminal justice, the Supreme Court said on Tuesday. The apex court said that consent of parties cannot obviate the duty of high court to indicate its reasons why …

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 …

SC Issues Notice In Plea Seeking Guidelines For Time-Bound Disposal Of Clemency & Mercy Petitions
4 years, 5 months ago

SC Issues Notice In Plea Seeking Guidelines For Time-Bound Disposal Of Clemency & Mercy Petitions

Live Law  

The Supreme Court on Thursday issued notice in a plea 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.Notice was issued by a bench of Chief Justice SA Bobde, R. Subhash Reddy & AS Bopanna in the petition filed by Advocate Dr. Subhash Vijayran, highlighting the …

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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