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In Re: framing guidelines regarding potential mitigating circumstances to be considered while imposing death sentences

Case details and hearing information from the Constitution Bench Pendency Portal.

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In Re: framing guidelines regarding potential mitigating circumstances to be considered while imposing death sentences

This case seeks to frame guidelines for imposition of death sentence by the courts.

Petitioners Arguments
The Court cited several cases in favour of separate pre-sentence hearings including Bachan Singh v. State of Punjab , Santa Singh v. State of Punjab , and Bhagwani v. State of Madhya Pradesh . Section 235 (2) of the Code of Criminal Procedure, 1973 provides for a bifurcated trial and specifically gives the accused person a right of pre-sentence hearing for presenting extenuating circumstances to contest the quantum of punishment. A separate pre-sentence hearing is in line with the principles of natural justice as it allows both parties the opportunity to present evidence in an important stage of the criminal justice adjudication
Responders Arguments
Three Judge benches of the Supreme Court in cases of Dagdu v. State of Maharashtra , Tarlok Singh v. State of Punjab , and Ramdeo Chauhan v. State of Assam arrived at different conclusions to the effect that same-day sentencing does not necessarily fall foul of Section 235(2) of the CrPC. It was noted in these cases that a separate hearing on sentencing is not required so long as the accused is provided with a “meaningful, real and effective” hearing on the matter of sentencing. The third proviso to Section 309(2) of the CrPC provides that no adjournment shall be granted for the purpose of allowing the accused person to show cause against the sentence. It was, however, held by the court in Ramdeo Chauhan that in cases where death sentence was one of the choices of punishment, the court had discretion to adjourn the hearing for a separate proceeding on sentence but it was not mandatory. Non-compliance with Section 235(2) CrPC can be rectified at an appellate stage and does not necessitate vitiating of sentence.
Last Listed On
2023-11-22
Start Date
2022-09-19
Card Stage Date
2022-09-19
Review Petition No
SMW (Crl.) No.1/2022
Case Status
Pending
Bench Status
Not Constituted
Subject Matter
Criminal Law
Pendency
3 years, 9 months, 11 days

5 Judge Bench

Reference to larger bench

Consider As Stage Of Pendency
true

Date of institution of case

Date of reference to 5 Judge Bench

The present matter pertains to framing of guidelines for imposition of death sentence by the Courts. This case arose from an application that was seeking permission for a Mitigation Investigation in the case of Irfan @ Bhayu Mevati v. State of Madhya Pradesh , where the petitioner had been sentenced to death on the day of conviction by the Hon’ble Madhya Pradesh High Court. The Supreme court chose to pursue the application as a Suo Motu Writ Petition to settle the issue of requirement of separate hearings in a conviction of capital offence.

Is the Court obligated to conduct a separate hearing on the issue of sentence in a conviction of capital offence?

Section 235 of the Code of Criminal Procedure, 1973.

Section 309(2) of the Code of Criminal Procedure, 1973.

The court referred the matter to a larger bench due to a difference of opinion and approach amongst various judgments.

Dagdu v. the State of Maharashtra

Manoj v. State of Madhya Pradesh

Malkiat Singh v. the State of Punjab

X v. the State of Maharashtra

Bachan Singh v. State of Punjab

Santa Singh v. State of Punjab

Muniappan v. State of Tamil Nadu

Mithu v. State of Punjab

Allauddin Mian v. State of Bihar

Anguswamy v. State of Tamil Nadu

Dattaraya v. State of Maharashtra

Bhagwani v. State of Madhya Pradesh

Tarlok Singh v. State of Punjab

Ramdeo Chauhan v. State of Assam

B.A. Umesh v. High Court of Karnataka

Vasanta Sampatha Dupare v. State of Maharashtra

Mukesh v. State of NCT

Mohd. Mannan v. State of Bihar

Shatrughna Baban Meshram v. State of Maharashtra

Manoj Suryavanshi v. State of Chattisgarh

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