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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…

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With respect to the award of death penalty in India, which of the following is true?

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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.

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