Death penalty: SC refers to 5-judge bench case on framing guidelines on mitigating circumstances

Team SoOLEGAL 20 Sep 2022 11:12am

Death penalty: SC refers to 5-judge bench case on framing guidelines on mitigating circumstances

New Delhi: The Supreme Court on Monday referred a suo motu petition to a five-judge Constitution bench for guidelines on how and when potential mitigating circumstances should be considered by courts during a trial in cases involving the death penalty as the maximum punishment.

A bench led by Chief Justice Uday Umesh Lalit stated that this matter required a hearing by a larger bench in order to have clarity and a consistent approach as to when an accused facing the death penalty as the maximum sentence must be heard concerning mitigating circumstances.

Let the matter be referred to the CJI for orders in this regard, Justice S Ravindra Bhat said as he delivered the verdict.

A death sentence is irreversible, and the accused should be given every opportunity to present mitigating circumstances so that the court concludes that capital punishment is not warranted, the bench stated while reserving its verdict on August 17.

The Supreme Court had taken note of the matter, stating that there was an urgent need to ensure that mitigating circumstances for convictions of crimes punishable by death were considered during the trial stage.

The case was titled "Framing Guidelines Regarding Potential Mitigating Circumstances to be Considered While Imposing Death Sentences."

Tagged: Death Penality  
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