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State of Rajasthan27 in so far as it held that only characteristics relating to the crime and not those relating to the criminal would be relevant in sentencing, was wrong. State of Karnataka30 wrong and running contrary to Mithu v. State and Bachan Singh. Sainnaba was a life convict who committed the murder of his wife and daughter while he was on parole. The Supreme Court sentenced him to death on the ground that a person undergoing life imprisonment cannot be visited with another term of imprisonment for life to run consecutively with the previous one.

This reasoning, according to the Bariyar bench runs contrary the decision in Mithu striking down mandatory death sentence for murder unconstitutional. For instance, in Kailash Kaur v. State of Punjab33 the court expressed the opinion that when cases of dowry murder is brought before the court and it is proved beyond reasonable doubt, the maximum penalty must be imposed so that it would act as a deterrent against others.

However in Ravindra Trimback Chouthmal v. It is the nature and gravity of the crime but not the criminal, which are germane for consideration of appropriate punishment in a criminal trial. The Court will be failing in its duty if appropriate punishment is not awarded for a crime which has been committed not only against the individual victim but also against the society to which the criminal and victim belong.

The State of U. Collins US where he expressed his views as to how imposition of death penalty in U. S is fraught with arbitrariness, discrimination, caprice, and mistake. In Dharmendra Singh35 the court commuted the death sentence where in Kheraj Ram36 death was sustained and in both cases the convict had murdered their wives suspecting the parentage of their children. Swami Shraddananda v. State of Karnataka37, where the accused killed his wife was yet another decision for which the Supreme Court was severely criticised for deviating from its earlier pronouncements.

The court accepted that it is a pre- planned murder committed by someone misusing trust and for material benefits, but refused to award death on the ground that he did not cause any mental or physical pain to the victim and came to the conclusion that crime committed by the accused was not very grave and the motive behind it cannot be said to be highly depraved. This seems to be running contrary to earlier pronouncements where the death penalty was awarded for murders committed by even domestic helps misusing trust.

State of West Bengal 39 the court awarded death sentence to a security employee of the residential colony, who raped and killed a teenaged girl as retaliation for his transfer on her complaint. The court observed that the savage nature of the crime shocked the judicial conscience. But in some other cases of similar nature, where rape and murder of even younger girls were involved, the court refused to sustain the death sentence awarded by the lower courts.

The Court commuted death in the former case where three children were sacrificed, but refused to do so in the where one child became the victim.

Yet another judgement, though of a lower court, that cannot be ignored is that of State of Guarat v. A Chhara and others43 commonly referred to as Naroda Patiya, decided in the context of Godhra communal violence where a violent mob consisting of the convicts were 34 For a detailed critique of the case see Prof.

State of Maharastra, 6 SCC , where also the accused, a cook, for committing robbery brutally murdered three members of the family. Also see Mukund v. P, 10 SCC and Anshad v. State of Karnataka, 4 SCC However in Earabhadrappa v. He used to sleep in the house and was familiar with everything there and actually committed the crime misusing the trust, the master reposed on him.

The trial court as well as the High Court convicted and sentenced him to death. But the Supreme Court refused to consider it as satisfying the requirements mentioned in Bachan Singh.

Suresh, 1 SCC involved the rape and murder of a four year girl. The court refused to inflict death on the ground that the HC had altered the sentence of death awarded by the trial court.

Kumudi Lal v. P, 4 SCC , which involved the rape and murder of a teenage girl, the court found that the victim was not probably unwilling to let the accused to have some liberty with her and refused to award death sentence. The judge expresses shock over the conduct of the accused in throwing even innocent children in to the flames of fire motivated by personal enmity, bias and hatred for the people having faith in different religion and even holds that it can be considered as a case of rarest of rare.

However, it refused to impose death sentence taking in to account the fact that considerable time has elapsed since the communal riot of and the accused have undergone the agonies of trial for three years in which, on about days, this case was conducted. However that cannot mitigate or remedy the damage done such inconsistent decisions especially because it concerns the severest and irrevocable punishment liked death.

As observed by Bhagwati J, judicial error in imposition of death penalty would indeed be a crime beyond punishment 45 and therefore inconsistencies even of a smaller magnitude would violate the basic canons of justice.

The dilemma of the Supreme Court in the sentencing policy in death penalty was rightly aired by a bench of the Supreme Court comprising of Justices S. What should we do? Is that not clearly violative of the fundamental guarantees enshrined in Articles 14 and 21? The inability of the Criminal Justice System to deal with all major crimes equally effectively and the want of uniformity in the sentencing process by the Court lead to a marked imbalance in the end results.

Though it might not have always resulted in individual caprice in complete disregard of law, it cannot be denied that, decision as to whether a person is to die or live has more often been influenced by factors that are not purely objective. The life of the convict depends on the constitution of the bench is a staunch criticism aired not only by lawyers, academicians, and social activists, but also by the judges themselves.

A study comparing the conviction rates of three Supreme Court judges reported in the Frontline, emphasises on the relevance of personal predilections of the judges in awarding the death sentence. The author after comparing the approach of JJ K. G Balakrishnan, Ariit Pasayat and S. In Mohan,50 the accused was sentenced to death for rape and murder of two minor girls and in Sebastian51 the accused was sentenced to life imprisonment for kidnapping, rape and murder of a child.

After independence, a bill was introduced in the Lok-Sabha in , to abolish the capital punishment which was rejected by the house. Efforts made in the Rajya-Sabha in and in were also fruitless. Crimes against persons: a murder; b murder by life-convict3; c abatement of suicide of child or insane person; d attempt to murder by a life-convict causing hurt; e dacoity with murder.

Giving or fabricating false evidence with intent to procure conviction of capital offence. It regards life convicts to be dangerous class without any scientific basis and thus violates Article 14 and similarly by completely cutting out judicial discretion, it becomes a law which is not just, fair and reasonable within the meaning of Article Crimes against Government of India: a waging, or attempting to wage war against state of India; b abetment of mutiny. Besides this, the Code of Criminal Procedure, provides some important provisions regarding the procedure of awarding the capital punishment.

The Code of Criminal Procedure, before , obliged the court to pass capital punishment for murder as a general proposition and the alternative sentence could be awarded only in exceptional cases for which the court was then required to advance special reasons. After , there was a complete reversal to this approach. Thereafter, life imprisonment was made the normal sentence for murder and death penalty was allowed to be passed only in exceptionally cases.

The Law Commission of India, after making an intensive and extensive study of the subject of death penalty in India, published and submitted its 36th Report in to the Government. No single argument for abolition or retention can decide the issue.

In arriving at any conclusion on the subject, the need for protecting society in general and individual human beings must be borne in mind. It is difficult to rule out the validity of the strength behind many of the arguments for abolition nor does the Commission treat lightly the argument based on the irrevocability of the sentence of death, the need for a modern approach, the severity of capital punishment and the strong feeling shown by certain sections of public opinion in stressing deeper questions of human values.

Having regard, however, to the conditions in India, to the variety of the social upbringing of its inhabitants, to the disparity in the level of morality and education in the country, to the vastness of its area, to diversity of its population and to the paramount need for maintaining law and order in the country at the present juncture, India cannot risk the experiment of abolition of capital punishment.

In Jagmohan Singh v. The Supreme Court rejected the contention and held that death penalty cannot be regarded unreasonable per se or not in the public interest and hence could not be said to be violative of Article 19 of the Constitution.

State of UP7 empathetically stressed that death penalty is violative of articles 14, 19 and 21 of the Constitution of India. A year later in the landmark case of Bachan Singh v. State of Punjab8, by a majority of 4 to 1 Bhagwati, J.

Therefore, the state may take away or abridge even right to life in the name of law and public order following the procedure established by law.

Union of India9. The procedure which takes away the sacrosanct life of a human being must be just, fair and reasonable. So, fair trial following principles of natural justice and procedural Laws are of utmost importance when capital punishment is on the statute book. Lachmi Devi10 that the mode of carrying out death penalty by public hanging is barbaric and violative of Art.

State of Gujarat. State of Andhra Pradesh12 which followed Justice Krishna Iyer commuted the death sentence to life imprisonment by citing factors like age, gender, socio-economic background and psychic compulsions of the accused.

It was laid out in this case that apart from looking into the details of the crime and deciding based on the extent of violence committed the judges should also look into the criminal and his condition or haplessness while committing the crime. Thus, India was now committed to progressive abolition of death penalty. These are in brief some of the landmark cases which grappled with the question of death penalty and other issues stemming from it. India in the recent years has seen a number of high profile cases with death penalties being carried.

In Indian courts suffered from two noteworthy embarrassments. Fourteen retired Judges asked for thirteen cases of the death penalty to be commuted after admitting the original sentence was handed down per incuriam out of error or ignorance. In the same year it was revealed that president Pratibha Patil had, during the course of her five year term, commuted the sentence of a rapist who had died five years previously.

Events like these are a severe jolt to the judiciary. It was after incidents like these that the protest against capital punishment gained more momentum. An unofficial eight year tussle came to an end last year when the first of two executions took place. Mohammad Ajmal Amir Kasab, convicted of involvement in the Mumbai gun attack was hung 21st November The verdict of the Delhi rape case was announced recently. The judges awarded death sentence to the four accused and a 3 year imprisonment to the juvenile.

This decision has reignited the debate on death penalty. Indian courts sentenced 1, prisoners to death between and , according to the National Crime Records Bureau. During the same period, sentences for 4, prisoners were commuted to life imprisonment. There are people on death row. Many have been there for years. Human rights groups have been alarmed, however, by the vigour with which President Pranab Mukherjee, who was sworn into office in July , has acted in clearing the backlog of clemency pleas.

He has rejected 11, confirming the death penalty for 17 people. Extensive delay in the execution of a sentence of death does not serve any kind of purpose and is sufficient to invoke Article 21 and demand its substitution by the sentence of life-imprisonment.

Legal Arguments Arguments based on International and municipal laws may be advanced as under: i.