Criminals Also Entitled To Life Of Dignity; Probability Of Reformation/Rehabilitation To Be Seriously & Earnestly Considered Before Awarding Death Sentence: SC [Read Judgment]
6 years, 3 months ago

Criminals Also Entitled To Life Of Dignity; Probability Of Reformation/Rehabilitation To Be Seriously & Earnestly Considered Before Awarding Death Sentence: SC [Read Judgment]

Live Law  

“A trial Judge can take his time and sentence the convict after giving adequate opportunity for the prosecution as well as for the defence to produce material as postulated in Bachan Singh so that the possibility of awarding life sentence is open to the Trial Judge as against the death sentence.”The Supreme Court on Wednesday commuted death sentence awarded to a man convicted for rape. “A trial Judge can take his time and sentence the convict after giving adequate opportunity for the prosecution as well as for the defence to produce material as postulated in Bachan Singh so that the possibility of awarding life sentence is open to the Trial Judge as against the death sentence.” The Supreme Court on Wednesday commuted death sentence awarded to a man convicted for rape and murder of a 3-year-old girl and sentenced him to life imprisonment without release from custody for the rest of his normal life. The reason for the second precaution is that the death sentence, upon execution, is irrevocable and irretrievable.” Trial Judge Can Take His Time And Sentence The Convict The court observed that probability that a convict can be reformed and rehabilitated in society must be seriously and earnestly considered by the trial court before awarding death sentence. Here the court makes an interesting observation that a trial judge can take his time and sentence the convict after giving adequate opportunity for the prosecution as well as for the defence to produce material as postulated in Bachan Singh so that the possibility of awarding life sentence is open to the trial judge as against the death sentence.

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History of this topic

Must rise above primitive instinct of ‘a life for a life’, says Sessions Judge sentencing R.G. Kar convict
2 months ago

Must rise above primitive instinct of ‘a life for a life’, says Sessions Judge sentencing R.G. Kar convict

The Hindu  

Sparing the hangman’s noose for the convict in the rape and murder of a postgraduate doctor at the R.G. Kar Medical College and Hospital, the Additional District and Sessions court Judge, Sealdah, noted in his order on Monday that society must rise above the primitive instinct of “a life for a life”. Kolkata doctor rape and murder case sentencing highlights …

Evolution of jurisprudence around capital punishment, its procedures
1 year, 11 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
2 years 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: SC Refers to 5-judge Bench Case on Framing Guidelines on Mitigating Circumstances
2 years, 6 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 …

Judges mustn’t be swayed in favour of death penalty: Supreme Court
3 years, 1 month 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 …

Kathua Verdict: Do We Need a Debate on Death Penalty for Convicts?
5 years, 9 months ago

Kathua Verdict: Do We Need a Debate on Death Penalty for Convicts?

The Quint  

This is not to say that judgments can’t be criticised – it is entirely legitimate to critically analyse decisions of the court and point out the flaws in them. However, such criticism should only arise in cases where the judge has failed to do something: failed to consider a relevant point of law, failed to consider relevant facts, failed to …

SC Confirms Death Penalty Awarded To Man Accused Of Killing Six Persons [Read Judgment]
6 years ago

SC Confirms Death Penalty Awarded To Man Accused Of Killing Six Persons [Read Judgment]

Live Law  

The Supreme Court, after a long gap and a series of commutations, has confirmed a death sentence in a judgment delivered on Tuesday. The bench comprising Justice AK Sikri, Justice Abdul Nazeer and Justice MR Shah upheld the death penalty imposed on Khushwinder Singh, convicted of murdering six persons belonging to a family, out of which two were minors – …

Even Heinous/Brutal Crimes May Not Be Rarest Of Rare: SC [Read Judgment]
6 years, 3 months ago

Even Heinous/Brutal Crimes May Not Be Rarest Of Rare: SC [Read Judgment]

Live Law  

“Time and again, this Court has categorically held that life imprisonment is the rule and death penalty is the exception and even when the crime is heinous or brutal, it may not still fall under the category of rarest of rare.”The Supreme Court, reiterating the principle that life imprisonment is the rule and death penalty is the exception, has observed …

Time Has Come To Examine The Need For Death Penalty As Punishment Especially Its Purpose And Practice: Justice Kurian Joseph, Other Two Judges Disagree [Read Judgment]
6 years, 3 months ago

Time Has Come To Examine The Need For Death Penalty As Punishment Especially Its Purpose And Practice: Justice Kurian Joseph, Other Two Judges Disagree [Read Judgment]

Live Law  

“Every death penalty case before the court deals with a human life that enjoys certain constitutional protections and if life is to be taken away, then the process must adhere to the strictest and highest constitutional standards. Our conscience as judges, which is guided by constitutional principles, cannot allow anything less than that.” Justice Kurian Joseph, while commuting death penalty …

Explained: Death Penalty- Matters Of Judgment
7 years, 3 months ago

Explained: Death Penalty- Matters Of Judgment

Live Law  

The Centre on the Death Penalty of the National Law University, released on November 8, a Judges’ Opinion Study, titled “Matters of Judgment” on the death penalty and the Criminal Justice System. A: The aim of the study is to explore the opinions of former judges of the Supreme Court of India on the death penalty and more generally on …

Death Sentence(Trial Court)- Acquittal(HC) –Finally SC Awards Lifer To Accused In A 22-Year-Old Murder Case [Read Judgment]
7 years, 8 months ago

Death Sentence(Trial Court)- Acquittal(HC) –Finally SC Awards Lifer To Accused In A 22-Year-Old Murder Case [Read Judgment]

Live Law  

The Supreme Court has awarded life imprisonment to the accused who were held guilty for the death of three persons including a child, in Uttar Pradesh, which happened 22 years ago,The Trial Court in the instant case, had imposed death penalty on the accused. The High Court not only negatived the death sentence reference, but also acquitted the accused, in …

Death penalty comes with the jurisprudence of outrage
7 years, 10 months ago

Death penalty comes with the jurisprudence of outrage

The Hindu  

There was nothing unexpected about the final verdict of the Supreme Court in the ‘Nirbhaya’ case. In the Nirbhaya case, too, the citations inevitably lead to the main point drawn from Machhi Singh that capital punishment is to be given in the rarest of rare cases “when its collective conscience is so shocked that it will expect the holders of …

SC commutes death penalty of four murderers to life imprisonment on the basis of their young age and socio-economic background; says the convicts are not beyond reformation [Read Judgment]
11 years ago

SC commutes death penalty of four murderers to life imprisonment on the basis of their young age and socio-economic background; says the convicts are not beyond reformation [Read Judgment]

Live Law  

The Supreme Court in a recent ruling, commuted the capital punishment of four convicts, who were accused of killing nine people, to life imprisonment on the basis of their young age and poverty-stricken socio-economic background.A Bench of the Apex Court headed by the Chief Justice of India, P Sathasivam, found that the behaviour of the convicts inside the jail was …

SC commutes death penalty of four murderers to life imprisonment on the basis of their young age and socio-economic background; says the convicts are not beyond reformation [Read Judgment]
11 years ago

SC commutes death penalty of four murderers to life imprisonment on the basis of their young age and socio-economic background; says the convicts are not beyond reformation [Read Judgment]

Live Law  

The Supreme Court in a recent ruling, commuted the capital punishment of four convicts, who were accused of killing nine people, to life imprisonment on the basis of their young age and poverty-stricken socio-economic background.A Bench of the Apex Court headed by the Chief Justice of India, P Sathasivam, found that the behaviour of the convicts inside the jail was …

Death penalty: The unsettling issues of life and death
11 years, 1 month ago

Death penalty: The unsettling issues of life and death

Live Law  

The Apex Court recently in the case of Shatrughan Chauhan & Others issued guidelines on commutation of death penalty to life imprisonment in cases of prolonged delay, insanity while serving the sentence, solitary confinement, judgment declared by the higher court to be erroneous, procedural lapses etc. The doctrine of ‘rarest of rare’, in awarding death penalty was carved out by …

Death penalty: The unsettling issues of life and death
11 years, 1 month ago

Death penalty: The unsettling issues of life and death

Live Law  

The Apex Court recently in the case of Shatrughan Chauhan & Others issued guidelines on commutation of death penalty to life imprisonment in cases of prolonged delay, insanity while serving the sentence, solitary confinement, judgment declared by the higher court to be erroneous, procedural lapses etc. The doctrine of ‘rarest of rare’, in awarding death penalty was carved out by …

Murder due to sudden provocation not rarest of rare: court
11 years, 4 months ago

Murder due to sudden provocation not rarest of rare: court

Firstpost  

The CBI’s argument that the “circumstances of the double murder” deserved the death penalty was not accepted by the court. On the grounds that murders committed on sudden and grave provocation do not amount to rarest of rare cases, the Special CBI court today awarded life imprisonment to Rajesh and Nupur Talwar. The CBI’s argument that the “circumstances of the …

For a moratorium on death sentence
12 years, 3 months ago

For a moratorium on death sentence

The Hindu  

The Supreme Court’s five-judge Constitution Bench judgment in Bachan Singh is the source of contemporary death penalty jurisprudence in India. In Sangeet, the Radhakrishnan-Lokur Bench has continued the judicial scrutiny started by Bariyar of post- Bachan Singh death penalty cases, to see if they have complied with the requirements of the law. Bachan Singh, delivered by a five-judge Constitution Bench, …

A case against the death penalty
12 years, 6 months ago

A case against the death penalty

The Hindu  

The Supreme Courts admission of error in the sentencing to death of 13 convicts revives the debate over abolishing the death penalty. The Supreme Court, while deciding three recent cases, held that seven of its judgments awarding the death sentence were rendered per incuriam and contrary to the binding dictum of rarest of rare category propounded in the Constitution Bench …

Pendency of death penalty cases had social, economic bias, says Kalam
12 years, 8 months ago

Pendency of death penalty cases had social, economic bias, says Kalam

India TV News  

New Delhi, Jul 1: Pendency of several cases related to capital punishment in Rashtrapati Bhavan is one “inherited task” that no President would feel happy about, according to former President APJ Abdul Kalam. “I thought I should get all these cases examined from a normal citizen's point of view in terms of the crime, intensity of the crime and the …

Death penalty is barbaric, says judge
13 years, 4 months ago

Death penalty is barbaric, says judge

The Hindu  

Supreme Court Judge A.K. Ganguly on Tuesday termed death penalty “barbaric,” “anti-life,” “undemocratic” and “irresponsible,” but “legal.” Expressing his “personal views” on the subject, Justice Ganguly said the constitutional guarantee of ‘right to life' could not be subjected to vague premises. The ‘rarest of rare' doctrine in death penalty cases “is a grey area as it depended on the interpretation …

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