In India, courts impose the death penalty only in the "rarest of rare" cases, as established in the landmark Bachan Singh v. State of Punjab (1980) case, by balancing aggravating circumstances (favoring death) against mitigating circumstances (favoring life imprisonment).
Aggravating Circumstances
These factors emphasize the severity of the crime and the criminal's conduct, tipping the balance toward capital punishment.
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Brutality, premeditation, or manner of the crime (e.g., torture or multiple murders)
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Crime against vulnerable victims (e.g., children, women, or public servants) or societal impact (e.g., terrorism).
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Criminal's prior record, lack of remorse, or continuing threat to society.
Mitigating Circumstance
These focus on the criminal's background, reform potential, and circumstances reducing culpability, requiring courts to actively investigate them under Section 235(2) CrPC.
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Young or old age of the accused, or possibility of reformation/rehabilitation.
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Mental illness (post-conviction or severe), emotional disturbance, or acting under superior orders/duress.
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No prior criminal antecedents, good family/social ties, or socio-economic deprivation.
Judicial Application
Courts must provide a "meaningful opportunity" for convicts to present mitigating factors, as reiterated in cases like Manoj v. State of Maharashtra (2022) and the ongoing Supreme Court suo motu on sentencing guidelines. Recent trends prioritize reform potential over mere brutality.
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