Showing posts with label Constitutional Validity of death penalty. Show all posts
Showing posts with label Constitutional Validity of death penalty. Show all posts

Thursday, 13 March 2025

LLM Notes: Supreme Court Judgment on Bachan Singh v. State of Punjab (1980) in IRAC format (Issue, Rule, Analysis, Conclusion)

  The Bachan Singh v. State of Punjab (1980) judgment reshaped India’s capital punishment jurisprudence by introducing the "rarest of rare" doctrine. Here’s an analysis in IRAC format:

  1. Whether the death penalty under Section 302 IPC (punishment for murder) and Section 354(3) CrPC (requiring "special reasons" for imposing death) violates Articles 14 (equality), 19 (fundamental freedoms), and 21 (right to life) of the Constitution.

  2. Whether judicial discretion in sentencing leads to arbitrariness.

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Thursday, 23 January 2025

Examination of the Constitutionality of Capital Punishment in India

 The constitutionality of capital punishment in India has been a subject of extensive legal scrutiny and debate, primarily revolving around its alignment with fundamental rights enshrined in the Indian Constitution. The Supreme Court of India has addressed this issue through several landmark judgments, establishing a framework that permits the death penalty under specific circumstances while also emphasizing the need for a fair judicial process.

Historical Context and Legal Framework

The death penalty is codified within Indian law, particularly under Section 302 of the Indian Penal Code (IPC) and governed by the Criminal Procedure Code (CrPC). The legal discourse on capital punishment began with the case of Jagmohan Singh v. State of Uttar Pradesh (1973), where it was contended that capital punishment violated Articles 14 (right to equality) and 21 (right to life) of the Constitution. The Supreme Court upheld the death penalty, asserting that it did not infringe upon these rights when applied in accordance with established legal procedures.

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Saturday, 2 November 2024

Understanding the Death Penalty: Constitutional Validity and Judicial Interpretations in India

Capital punishment, also called the death penalty, is the execution of an offender sentenced to death after conviction by a court of law of a criminal offence. It is the highest penalty awardable to an accused. 

 The constitutionality of the death penalty in India has been a subject of extensive legal scrutiny and debate, particularly in relation to fundamental rights guaranteed by the Indian Constitution. The Supreme Court of India has delivered several landmark judgments that have shaped the legal landscape regarding capital punishment. Here is an overview of the constitutional framework surrounding the death penalty, along with key Supreme Court judgments.

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