Supreme Court Death Penalty Digest 2023

In 2022, the Supreme Court confirmed the death sentence in two cases. However, in 2023, no death penalties were affirmed by the Supreme Court, although it declined to commute the death sentence of Balwant Singh Rajoana, a Babbar Khalsa terrorist convicted in the 1995 assassination of Punjab's then-chief minister, Beant Singh, allowing the Centre to decide a mercy petition filed on his behalf 'when necessary'.The year was significant for death penalty jurisprudence in India. Most notably, while commuting the death sentence in a child kidnapping and murder case to a fixed-term sentence, the Supreme Court observed that the death penalty would only be warranted under the 'rarest of rare' doctrine in cases devoid of any possibility of the criminal's reformation.Other pivotal developments relating to the death penalty include the hearing of a public interest litigation (PIL) petition seeking to abolish the present practice of executing a death row convict by hanging which involves “prolonged pain and suffering” and to replace it with less painful alternatives like intravenous lethal injection, shooting, electrocution or gas chamber in which a convict could die in a matter of minutes. In May this year, the central government informed the top court that it was considering forming an expert committee to determine the proportionality of executing a death row convict by hanging. Project 39A of the National Law University Delhi has also been allowed to intervene in this PIL.In a notable judgment, the top court ruled that in cases warranting the death penalty, the prosecution must produce before the trial court all material relevant for assessing the mitigating circumstances favouring the accused. It was also clarified that this exercise must be carried out in cases where the accused is eventually not sentenced to death.In November, the Supreme Court agreed to hear a batch of petitions pertaining to whether same-day sentencing could be permissible in the cases of capital punishment or death penalty in January 2024. Taking into account the lack of a uniform framework, the Supreme Court had initiated a suo motu case and referred it to a five-judge bench.Below is a summary of the death penalty cases LiveLaw reported in 2023:1Person Convicted For Rape-Murder Found To Be Juvenile: Supreme Court Sets Aside Death Sentence, Sustains ConvictionKaran @ Fatiya v. State of Madhya Pradesh [2023 LiveLaw (SC) 159]2Rarest Of Rare Doctrine Requires Death Sentence Be Imposed Only If There Is No Possibility Of Reformation: Supreme Court'Courts Should Not Further The Notion That Only Male Child Will Assist Parents In Old Age; Avoid Patriarchal Remarks': Supreme CourtSundar @ Sundarrajan v. State by Inspector of Police [2023 LiveLaw (SC) 217]3Supreme Court Releases Death Row Prisoner After 28 Years On Finding Him To Be A Juvenile At The Time Of OffenceNarayan Chaudhary v. State of Maharashtra [2023 LiveLaw (SC) 244]4Chhawla Rape-Murder Case : Supreme Court Affirms Acquittal Of Death Row Convicts; Dismisses Review PetitionsState of Delhi v. Rahul and other connected matters5Decide Mercy Petitions Against Death Sentence At The Earliest So That Convicts Won't Take Advantage Of Delay: Supreme Court To All AuthoritiesState of Maharashtra v. Renuka Shinde [2023 LiveLaw (SC) 305]6Supreme Court Commutes Death Sentence Of Man Who Murdered His Sister & Her Lover From Another Caste; Takes Note Of 'Social Pressure'Digambar v. The State of Maharashtra [2023 LiveLaw (SC) 361]7Supreme Court Upholds Acquittal Of A Death Row Convict By High CourtState of Madhya Pradesh v. Phoolchand Rathore [2023 LiveLaw (SC) 408]8Supreme Court Declines To Commute Death Penalty Of Balwant Singh Rajoana, Allows Centre To Decide Mercy Petition 'When Necessary'Balwant Singh v. Union of India [2023 LiveLaw (SC) 391]9'Numerous Lapses In Investigation': Supreme Court Frees Man Awarded Death Penalty In Case For Rape & Murder Of 6 Year Old GirlSection 53A CrPC | Samples Collected From Accused Must Be Sent To Laboratory As Soon As Possible : Supreme CourtPrakash Nishad @ Kewat Zinak Nishad v. State of Maharashtra [2023 LiveLaw (SC) 461]10Expeditious Trial Of Terror Attack Cases Necessary: Supreme Court Says Delay In 1996 Lajpat Nagar Blast Case Compromised National SecurityMohd Naushad v. State and connected matters [2023 LiveLaw (SC) 508]11Supreme Court Acquits Convict On Death Row; Orders Immediate Release'Great Caution Needed' : Supreme Court Lists Out Factors To Be Considered While Relying On Dying DeclarationsIrfan @ Naka v. State of Uttar Pradesh [2023 LiveLaw (SC) 698]12Judge Is Not A Mere Recording Machine; Must Actively Search For Truth In Trial : Supreme Court Sends Back Death Penalty Matter To HCMunna Pandey v. State of Bihar [2023 LiveLaw (SC) 744]13Supreme Court Acquits Two Death Row Convicts, Perplexed At Trial Court & HC Awarding Capital Punishment Despite Loopholes In EvidenceRajesh v. State of Madhya Pradesh [2023 LiveLaw (SC) 814]14'Past Conduct Not Always A Factor ...

Supreme Court Death Penalty Digest 2023

Awstika Das

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