Chances of Reform as a Mitigating Factor in Death Penalty Cases in India: Issues and Challenges
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Type
Article
Date
2023-09
Journal Title
Indian Journal of Law and Justice
Journal Editor
Bandyopadhyay, Rathin
Journal ISSN
Volume Title
Publisher
University of North Bengal
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Bhaskar, A. (2023). Chances of Reform as a Mitigating Factor in Death Penalty Cases in India: Issues and Challenges. Indian Journal of Law and Justice, 14(2), 65–84. https://ir.nbu.ac.in/handle/123456789/5062
Authors
Bhaskar, Amit
Advisor
Editor
Abstract
Chances of reform or rehabilitation of the accused is one of the important
mitigating circumstances in criminal sentencing. In Bachan Singh v State of
Punjab (AIR 1980 SC), the Supreme Court upheld the constitutionality of death
penalty in India. However, the Court restricted it to Rarest of Rare cases. The
Court said that a balance sheet of aggravating and mitigating circumstances is
to be prepared and due regard must be given to the chances of
reform/rehabilitation as a mitigating circumstance. This paper revolves around
the central theme of chances of reform as a mitigating circumstance in death
penalty cases and the procedures followed by the Courts to determine the same.
Since the Bachan Singh judgment, it has been noticed in several cases on death
penalty that the Supreme Court has either accepted or rejected the chances of
reform without conducting any due inquiry on the reformative potential of the
convict. This raises a serious question on the fairness of procedure under Articles
14 and 21 of the Constitution as these two Articles also applies at the stage of
sentencing. However, in some of the recent judgments of the Supreme Court and
of the Delhi High Court, as a course correction exercise, some guidelines and
procedures have been laid down to determine the chances of reform as a
mitigating circumstance. The Courts have admitted that the task of determination
of reform has not attracted serious attention of the sentencing courts in the past.
Under the procedures evolved, the responsibility has been entrusted upon the
Probation Officer under Probation of Offenders Act, 1958 to determine the same.
This is a welcome step in the judicial administration of death penalty in India.
Description
Citation
Accession No
Call No
Book Title
Edition
Volume
ISBN No
Volume Number
14
Issue Number
2
ISSN No
0976-3570
eISSN No
Pages
Pages
65 - 84