Case Name: Bachan Singh v. State of Punjab
Date of Judgment: May 9, 1980
Summary:
Bachan Singh was convicted for the murder of two persons and sentenced to death
by the Sessions Court, which was upheld by the High Court of Punjab and Haryana.
The case was then appealed to the Supreme Court of India.
Key Points of the Judgment:
- Constitutional Validity of Death Penalty:
The primary issue before the Supreme Court was the constitutional validity
of the death penalty under Section 302 of the Indian Penal Code (IPC). The
court examined whether the imposition of the death penalty violates the
right to life guaranteed under Article 21 of the Indian Constitution.
- Deterrence vs. Retribution:
The court discussed the conflicting theories of deterrence and retribution
concerning the purpose of the death penalty. It recognized that while some
view the death penalty as a deterrent, others see it as a retributive
punishment for the most heinous crimes.
- Guiding Principles for Imposing Death Penalty:
The court laid down the "rarest of the rare" doctrine, stating that the
death penalty should only be imposed in the rarest of rare cases, where the
crime is exceptionally brutal and the alternative punishment of life
imprisonment is inadequate.
- Aggravating and Mitigating Circumstances:
The court established the importance of considering aggravating and
mitigating circumstances while sentencing in death penalty cases.
Aggravating factors could include the brutality of the crime, while
mitigating factors could include the accused's age, background, and lack of
prior criminal record.
- Discretion of Courts:
The court emphasized that the sentencing authority should exercise its
discretion judiciously while deciding between the death penalty and life
imprisonment.
- Review of Death Sentence:
The court clarified that all death sentences should be subject to review by
the High Court and the Supreme Court to ensure that the sentence is not
imposed arbitrarily.
Conclusion:
In its judgment, the Supreme Court upheld the constitutional validity of the
death penalty while emphasizing the need for extreme caution and judiciousness
in its imposition. The "rarest of the rare" doctrine continues to be the guiding
principle for courts in India when deciding on death penalty cases. The judgment
has had a significant impact on the sentencing process in capital punishment
cases, focusing on a balance between justice and the protection of fundamental
rights.
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