VidhiSangh

Supreme Court of India · 19/09/2022

IN RE: FRAMING GUIDELINES REGARDING POTENTIAL MITIGATING CIRCUMSTANCES TO BE CONSIDERED WHILE IMPOSING DEATH SENTENCES versus IN RE: FRAMING GUIDELINES REGARDING POTENTIAL MITIGATING CIRCUMSTANCES TO BE CONSIDERED WHILE IMPOSING DEATH SENTENCES

[2022] 16 S.C.R. 543 · 2022 INSC 987

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Summary

The suo motu writ petition was registered after Manoj v. State of M.P.. It concerns a framework for collecting such circumstances before a death sentence is imposed. The three-judge Bench found two conflicting lines of three-judge decisions on Section 235(2) CrPC. One line (Santa Singh, Allauddin Mian, Dattaraya) treats a separate post-conviction hearing on sentence as mandatory and same-day sentencing as vitiating. The other (Dagdu, Ramdeo Chauhan, X v. State of Maharashtra) holds that same-day sentencing does not itself vitiate the sentence and can be cured on appeal. Because Bachan Singh relied on this hearing as a safeguard, and the accused can present mitigation only after conviction, the question was referred to a five-judge Bench.

Issues

  1. Whether, after conviction for an offence punishable with death, the court must hold a separate hearing on sentence on a later date under Section 235(2) CrPC
  2. What constitutes a real and meaningful opportunity, including sufficient time, for the accused to place mitigating circumstances on record at the trial stage

Provisions considered

Held

Result

Matter referred to a larger Bench of five Judges, to be placed before the Chief Justice of India for appropriate orders.

Judgment PDF: Supreme Court of India, [2022] 16 S.C.R. 543.