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Supreme Court will make guidelines on ‘death penalty’, case handed over to a bench of 5 judges A to Z Counsel

Supreme Court will make guidelines on 'death penalty', case handed over to a bench of 5 judges


Supreme Court: The Supreme Court has handed over the matter to a five-judge bench to frame a guideline for awarding death penalty. The court said in what circumstances and when the death penalty can be considered for commutation. Now a five-judge bench will decide on this matter.

The court said that this order is necessary because of the difference of opinion and viewpoint between different decisions. In all cases where the death penalty is an option, the mitigating circumstances need to be kept on record. A bench of Chief Justice UU Lalit and Justices S Ravindra Bhat and Justice Sudhanshu Dhulia referred to various judgments passed by various benches of the Supreme Court on the issue.

5 judge bench will decide the death sentence

Examples of the bench include the 1983 judgment of Bachan Singh v State of Punjab, where the Supreme Court in its majority decision upheld the constitutional validity of the death penalty, on the condition that it could be imposed only in rare cases. The Court is of the view that while passing the sentence of death, it is necessary to have a larger bench of five judges.

The Supreme Court had taken suo motu cognizance of the matter and observed that there is an urgent need to ensure that the circumstances which reduce the punishment for offenses which carry the death penalty are considered at the trial stage itself. . A bench headed by UU Lalit had said during the last hearing (August 17) that the courts can adjourn the matter before awarding the sentence for relief as appropriate. A big back is a must.

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