Which of the following statements are correct in the context of death penalty: (a) The…
All four statements are correct. Jagmohan Singh first examined the constitutional challenge, and Bachan Singh was decided by a Constitution Bench. Justice Bhagwati…
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Which of the following statements are correct in the context of death penalty:
(a) The constitutionality of the death penalty was challenged for the first time in Jagmohan Singh vs State of Uttar Pradesh, (1973) 1 SCC 20
(b) The constitutionality of the death penalty was referred to a constitution bench in Bachan Singh v State of Punjab (1982) 3 SCC 24
(c) Justice P.N. Bhagwati declared death penalty as unconstitutional in Bachan Singh's case.
(d) The rarest of rare doctrine was elucidated in Bachan Singh v. State of Punjab; the requirement of balance sheet of aggravating and mitigating circumstances was explained in Machhi Singh and Ors. v. State of Punjab; the crime and criminal test was adverted to in Santosh Kumar Satishbhushan Bariyar v. State of Maharashtra.
Answer and explanation
Correct answer C
All four statements are correct. Jagmohan Singh first examined the constitutional challenge, and Bachan Singh was decided by a Constitution Bench. Justice Bhagwati considered the death penalty unconstitutional in his dissent; the majority upheld it while restricting its use to the rarest of rare cases. Machhi Singh discussed aggravating and mitigating circumstances, while Bariyar stressed assessment of both the crime and the offender.
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Jammu & Kashmir Prosecuting Officer
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CUET PG Law (LL.M.)
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