With respect to the award of death penalty in India, which of the following is true?
In Bachan Singh v. State of Punjab (1980) the Supreme Court upheld the death penalty for murder (then Section 302 IPC, now Section 103(1) BNS) but confined it to the 'rarest…
Choose your answer
With respect to the award of death penalty in India, which of the following is true?
Answer and explanation
Correct answer C
In Bachan Singh v. State of Punjab (1980) the Supreme Court upheld the death penalty for murder (then Section 302 IPC, now Section 103(1) BNS) but confined it to the 'rarest of rare' cases, so "The court awarding the sentence must consider all aggravating and mitigating circumstances." relating to both the crime and the criminal, and Section 393(3) BNSS (formerly Section 354(3) CrPC) requires 'special reasons' for imposing death. A mandatory death sentence is unconstitutional (Mithu v. State of Punjab, 1983), so "Wherever the penal law provides for death penalty, it must be awarded." is wrong, and no rule ties the sentence to the number of victims.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
UGC NET Law
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
CUET PG Law (LL.M.)
-
CLAT PG
Subject revision for a passage-based exam
-
AILET PG
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision