SC for 'fresh look' on criterion for awarding death penalty

Supreme Court

"The Constitution Bench of this Court has not encouraged standardisation and categorisation of crimes and even otherwise it is not possible to standardise and categorise all crimes," the court said.

The Constitution Bench had observed that under the old CrPC, the sentence of death and life imprisonment under section 302 of the IPC could be imposed "after weighing the aggravating and mitigating circumstances of the particular case."

However, the standard of making the balance sheet of the mitigating and aggravating circumstances has been applied differently by different judges and needed to be looked at afresh.

The court, in 1980, had classified the nature of cases to carve out the "rarest of rare" category, while identifying mitigating circumstances which it held should enable a judge to consider awarding life sentence even in convictions warranting imposition of death penalty.

Please read our terms of use before posting comments
TERMS OF USE: The views expressed in comments published on indianexpress.com are those of the comment writer's alone. They do not represent the views or opinions of The Indian Express Group or its staff. Comments are automatically posted live; however, indianexpress.com reserves the right to take it down at any time. We also reserve the right not to publish comments that are abusive, obscene, inflammatory, derogatory or defamatory.