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27-January-2025-Editorial

January 27 @ 7:00 am - 11:30 pm

DEATH PENALTY AND SENTENCING GUIDELINES IN INDIA

The death penalty is the harshest form of punishment in the Indian legal system. Courts impose it for the most serious crimes, considering both aggravating and mitigating factors to ensure fair sentencing. The Supreme Court has established guidelines to decide when capital punishment should be given.

Aggravating and Mitigating Factors

What are Aggravating and Mitigating Factors?

  • These are aspects considered by courts while determining the severity of punishment.
  • Aggravating factors make the crime more serious and may support the death penalty.
  • Mitigating factors reduce the accused’s culpability and may lead to a lesser sentence.

Aggravating Factors:

  • If the crime was premeditated and involved extreme brutality.
  • Cases showing exceptional cruelty or depravity.
  • Murder of public servants, police, or military personnel during duty.

Mitigating Factors:

  • Accused’s mental or emotional disturbance at the time of the crime.
  • Age of the accused (very young or old individuals may avoid capital punishment).
  • Chances of the accused being reformed.
  • If the crime was committed under coercion or due to moral beliefs.
  • Mental health conditions impairing judgment.

Evolution of Aggravating and Mitigating Factors Post-Bachan Singh Case

Role of Age:

  • In various cases, courts have considered youth as a mitigating factor.
  • However, inconsistencies exist in how courts apply age in sentencing.

Nature of Crime:

  • The Supreme Court ruled that when a crime shocks society’s conscience, the death penalty can be justified.
  • Emphasis shifted from the criminal’s background to the crime’s severity.

Scope for Reform:

  • Courts require clear reasons why the convict cannot be rehabilitated before awarding the death penalty.
  • Evidence must be provided to justify execution.

Trial Procedures:

  • Courts must hold separate hearings after conviction to consider mitigating factors before sentencing.

Legal Framework of the Death Penalty in India

Governed by the Bharatiya Nyaya Sanhita (BNS), 2023, and other special laws.

Offenses punishable by death include:

  • Rape resulting in death (Section 66 of BNS).
  • Gang rape of minors (Section 70(2)).
  • Serial rape (Section 71).
  • Terrorism under the UAPA, 1967.
  • Drug trafficking under the NDPS Act, 1985.

Key Supreme Court Judgments on the Death Penalty

  • Jagmohan Singh Case (1972): Upheld the constitutionality of the death penalty if due process is followed.
  • Bachan Singh Case (1980): Introduced the “rarest of rare” doctrine.
  • Shatrughan Chauhan Case (2014): Delays in execution can justify commuting the death penalty to life imprisonment.
  • Manoj vs. State of Maharashtra (2022): Courts must consider mitigating factors and a balanced approach.

Law Commission Reports on Capital Punishment

  • 35th Report (1967): Supported retaining the death penalty.
  • 187th Report (2003): Highlighted procedural flaws but did not call for abolition.
  • 262nd Report (2015): Recommended abolishing the death penalty for all crimes except terrorism.

Global Perspective on the Death Penalty

  • As of 2022, 55 countries still practice capital punishment.
  • 112 countries have abolished it entirely.
  • China, Iran, Pakistan, Sudan, and the U.S. accounted for 91% of executions worldwide.
  • Some countries have restricted it to extreme crimes.

Challenges and Concerns

  • Inconsistent application of mitigating factors like age.
  • Delays in execution cause mental suffering to convicts.
  • Concerns about wrongful convictions and lack of proper legal representation.

Suggestions for Improvement

  • Establish clear guidelines for sentencing to ensure consistency.
  • Focus on rehabilitation and reform where possible.
  • Improve access to legal aid for underprivileged convicts.
  • Increase public awareness about the implications of capital punishment.

Conclusion

The Supreme Court of India has played a crucial role in refining the application of the death penalty by emphasizing fairness and objectivity. While capital punishment remains part of India’s legal system, efforts to ensure a balanced approach continue, focusing on both justice for victims and the possibility of reform for convicts.

Details

Date:
January 27
Time:
7:00 am - 11:30 pm
Event Category:
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