SUPREME COURT GUIDELINES ON DEATH PENALTY AND DUE PROCESS IN INDIA

NEWS: Supreme Court strengthened procedural safeguards in death penalty cases to protect human dignity, fair trial and constitutional rights.

BACHAN SINGH JUDGMENT (1980)

  • Upheld constitutional validity of death penalty.
  • Established Rarest of Rare Doctrine.
  • Life Imprisonment = Rule + Death Penalty = Exception.
  • Death penalty only when life imprisonment is unquestionably foreclosed.
  • Courts must consider aggravating + mitigating circumstances.
  • State must establish that reformation of the accused is not realistically possible.

INDIVIDUALISED SENTENCING

  • Punishment must consider the offender's circumstances, not merely the crime.
  • Factors → Social background + Economic condition + Mental health + Possibility of reformation.
  • Aggravating Factors → Increase seriousness of offence.
  • Mitigating Factors → Support lesser punishment.

IMPORTANT SUPREME COURT JUDGMENTS

  • Machhi Singh (1983) → Developed the Rarest of Rare Doctrine; greater focus on crime severity.
  • Ravji (1995) → Prioritised crime gravity over offender circumstances; later held legally incorrect.
  • Santosh Kumar Bariyar (2009) → Corrected Ravji approach + emphasised reformation.
  • Manoj (2022) → Mandated collection of mental health reports + prison conduct reports + probation reports + mitigating evidence.
  • Vasanta Sampat Dupare (2025) → Fair sentencing hearing is a constitutional requirement under Articles 14 + 21.
  • Waris (2026) → Death sentence commuted due to failure to rule out reformation.

CONSTITUTIONAL & LEGAL PROVISIONS

  • Article 14 → Equality before law + Protection against arbitrariness.
  • Article 21 → Right to life + Personal liberty + Fair procedure.
  • Article 23 → Prohibits forced labour and human trafficking.
  • CrPC Section 354(3) → Requires special reasons for death sentence.
  • BNSS Section 393(3) → Corresponding provision under BNSS, 2023.

MAJOR CHALLENGES

  • 2018–2020 → 36.1% of 306 death sentences pronounced on conviction day; 18.4% the following day.
  • 2025 → Trial courts imposed 128 death sentences.
  • 18% of assessable cases reportedly failed to follow Manoj guidelines.
  • Supreme Court (2025) → 10 acquittals out of 19 death penalty cases decided.
  • Major Issues → Faulty investigations + Unreliable forensic evidence + Inadequate legal representation + Insufficient mitigation hearings.

LAW COMMISSION REPORT

  • 262nd Law Commission Report (2015) → Recommended abolition of death penalty except for terrorism-related offences and waging war.

KEY TAKEAWAY

  • Death penalty requires strict procedural safeguards.
  • Constitutional Principle → Human dignity + Fair trial + Due process + Possibility of reformation.

Procedural safeguards are constitutional requirements, not acts of mercy

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