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Den 20 juli publicerade den brittiska tidningen The London Saturday Journal en artikel som uppgav att Kung David regerade över sex miljoner judar: " The glorious period, then, of Jewish history commences with the reign of David.

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Why not have a go at them together! Firstly, is the offence committed so exceptional that there is no scope for awarding any other sentence?

Secondly, even when weightage is accorded to the mitigating circumstances does the circumstances still warrants death penalty? It was held that the judges must prepare a balance sheet of aggravating and mitigating circumstance of the crime and criminal and analyze the factors prior to making up choice between death sentence and life imprisonment.

However, the Supreme Court held that the death penalty may imposed on the ground where the collective conscience of the society is shocked that expect the judicial authorities impose the death sentence.

Thus, this precedent and subsequent line of cases had systematically permitted the justification of death sentence on the manner, nature and gravity of the crime, without taking into the account of circumstances of the criminal, in order to exercise judicial discretion on the death sentence.

The fundamental contribution of Bachan Singh was that the focus of sentencing policy in regards to the death penalty shifted from crime to crime and criminal both.

However, this judicial contribution was drastically altered in the Ravji v. State of Rajasthan, December Subsequently, the precedent in Ravji was relied on as authoritative precedent.

These judgments confirmed the death sentence without considering any mitigating circumstances related to the criminal. This position was directly contradictory to Constitutional bench judgment of Bachan Singh v.

State of Punjab, May State of Maharashtra, May The Santhosh Kumar Satishbhushan Bariyar v. State of Maharashtra, May judgment holds an important position in the attempt of Supreme Court to principally regulate the judicial discretion and bring consistency in the sentencing discretion of the judiciary in regards to death penalty.

State of Rajasthan, December precedent is per incuriam, as it breaches the principles revolving around doctrine of rarest of rare propounded in Bachan Singh v.

The Bariyar judgment again reemphasized that the aggravating and mitigating circumstances related to the sentencing discretion must not only be limited to crime alone, but both the factor crime and criminal should be taken into account.

It has interpreted the Bachan Singh dictum in a radical manner, specifically on the sentencing aspect of death penalty. The first and foremost contribution of Bariyar judgment is that it undoubtedly rejected the strict channeling of discretion or classification of particular types of offences deserves death sentence.

The Court asserted that the judiciary is a counter-majoritarian institution and individual rights should be given more importance.

The Supreme Court in Sangeet v. State of Haryana, November , seriously expressed reservation regarding inconsistent and incoherent application of sentencing policy with respect to analyzing the aggravating and mitigating circumstances.

Furthermore, the Supreme Court also critiqued the categorization of the crime manner of commission of murder, motive for commission of murder, antisocial or socially abhorrent nature of the crime, magnitude of crime and personality of victim of murder propounded in Machhi Singh v.

State of Punjab, July The Court noted that Machi Singh standardization of the crime considerably enlarged the scope of imposing death sentence, which was severely restricted in Bachan Singh v.

State of Punjab, May and also affirmed that the standardization shall not be taken as absolute or inflexible rule in the sentencing policy of the death sentence.

Once the aggravating circumstances are the fullest extent and no mitigating circumstances, the court needs to be satisfied with the rarest of rare case.

In this case, the accused was convicted of the rape and murder of a three year old girl. In review, a three-judge bench commuted his sentence to life imprisonment.

The Court also held that mere pendency of one or more criminal cases against a convict cannot be a factor for consideration while awarding sentence.

The Supreme Court, through the majority opinion of Justice Nariman, upheld the sentence of death imposed upon the appellant.

Justice Sanjeev Khanna dissented on the question of sentence and chose the lesser sentence of life imprisonment without remission.

State of Punjab, July required two questions to be answered to determine if a case was rarest of rare. These were whether there was something uncommon about the crime which rendered life imprisonment inadequate and whether the circumstances of the crime were such that there was no alternative but to impose the death sentence.

Justice Khanna opined that the five categories indicated by the Court in Machhi Singh v. State of Punjab, July manner of commission of murder, motive of the murder, anti-social or abhorrent nature of the crime, magnitude of the crime and personality of the victim related to the first question.

The second question also has to be answered which could be done by reference to mitigating circumstances. He reiterated that the death sentence could be imposed only when the sentence for life is unquestionably foreclosed.

In the facts of the case, Justice Khanna noted that the Appellant had confessed to the crime before a magistrate without compulsion and this, he stated, was the first step back into society and should be treated as a mitigating circumstance.

He therefore opined that the appropriate punishment in this case would be life imprisonment without remission. The role of public opinion first gained prominence in the capital sentencing framework through the case of Machhi Singh v.

State of Punjab, July , which allowed imposition of the death penalty in case of anti-social or socially abhorrent nature of the crime.

State of West Bengal, January , the Supreme Court held that the punishment must befit the crime so that courts reflect public abhorrence of the crime.

Recently, in MA Antony v. State of Kerala, December , the Supreme Court commuted the death sentence into life imprisonment and noted that the trial court committed an error by taking into account the disturbance caused by the crime to the collective conscience of the society.

However, public opinion and collective conscience have played a major role in imposition of the death penalty in several cases in India, including Mukesh v.

State of NCT Delhi, May , which resulted in the execution in March of four persons convicted of gangrape and murder of a young woman in Delhi.

In Ashok Debbarma v. State of Tripura, March , the Supreme Court commuted the death sentence to life imprisonment with a minimum of twenty years.

The law provided for certain persons to be exceptions to the liabilities imposed by Criminal law. The law assumes persons such as children below the age of 7 and insane persons to be incapable of understanding the consequences of their act and therefore does not hold them accountable for any of the offences.

The rule further extends to death penalty as well, i. The legality of the death sentence and its relation with the mental illness of the accused was discussed in various cases by the Indian Judiciary.

Union of India, January , while discussing various other supervening circumstances which would lead to the sentence of death being commuted, it was held that mental illness of the prisoner would be a factor which would lead to a commutation and that no mentally ill person may be executed.

In Accused X v. State of Maharashtra, April , the Supreme Court in this case recognized post conviction mental illness as a mitigating factor to convert death penalty to life imprisonment.

The court noted that these disorders generally include schizophrenia , other serious psychotic disorders, and dissociative disorders with schizophrenia.

Therefore, the test envisaged herein predicates that the offender needs to have a severe mental illness or disability, which simply means that a medical professional would objectively consider the illness to be most serious so that he cannot understand or comprehend the nature and purpose behind the imposition of such punishment.

The notion of death penalty and the sufferance it brings along causes incapacitation and is idealised to invoke a sense of deterrence. The infamous and brutal gang rape case also known as the Nirbhaya rape case brought the issue of sexual violence into the notice of public, media and the Government of India.

Responding to the protests and campaigns the government formed a committee headed by former Chief Justice of India , Justice J.

It made recommendations on laws related to rape, sexual harassment, trafficking, child sexual abuse, medical examination of victims, police, electoral and educational reforms.

In its conclusion on capital punishment for sexual offences, the committee held:. It is also stated that there is considerable evidence that the deterrent effect of the death penalty on serious crimes is actually a myth.

According to the Working Group on Human Rights, the murder rate has declined consistently in India over the last 20 years despite the slowdown in the execution of death sentences since However, we have enhanced the punishment to mean the remainder of life.

In consonance with the recommendations made by the Justice Verma Committee, the Government of India enacted the amending Act on The amendment has led to the insertion of four new sections and recognised certain acts as offences.

Capital punishment for these specific offences was introduced through the Verma Committee categorically recommended against the punishment of death for the offence of rape.

In the wake of public resentment over Kathua and Unnao rape cases, the laws dealing with sexual assault and rape underwent a major change.

It started with several states like Madhya Pradesh , Haryana , Rajasthan and Arunachal Pradesh passing bills in their respective assemblies prescribing the death penalty for those convicted of raping girls less than 12 years.

The bill was passed by both the Houses of Parliament by August 6, and received Presidential assent. During review, it was opposed by some of the MPs in the Rajya Sabha.

The deadline for the completion of trial in all rape cases will be two months. A six-month time limit for disposal of appeals in rape cases has also been prescribed.

There will also be no provision for anticipatory bail for a person accused of rape or gang rape of a girl less than 16 years.

Abolition of Death Penalty has been a debatable question all across and has been called upon for discussion in various international forums.

The Convention on the Rights of the Child CRC also lays down provisions on similar lines stating that no child persons below eighteen years of age can be subjected to torture or other cruel treatment such as life imprisonment without possibility of release.

But according to Article 18 of the Vienna Convention on the Laws of Treaties the state is bound to refrain from acts which would defeat the purpose of a treaty.

UN General Assembly has called for a moratorium on the use death penalty through several resolutions. In , the General Assembly called for taking a progressive step by restricting the use of the death penalty, minimizing the number of offences imposing death penalty and imposing a moratorium on the executions to respect for the human dignity and enhance the development of the human rights.

India has voted against these resolutions stating that it shall go against the statutory law of the land which states that death sentences can be imposed in rarest of the rare cases.

The first report of the Law Commission considering the issue of abolition of capital punishment was released in The commission recommended the retention of capital punishment.

The report observed that the exercise of discretion may depend on local conditions, future developments, and evolution of the moral sense of the community, state of crime at a particular time or place and many other unforeseeable features.

Furthermore, the report of the law commission does not discuss in detail the apprehensions regarding the arbitrary use of the Court's discretion in capital sentencing.

State of Punjab, April On the matters of irrevocability of capital punishment and erroneous convictions, the report observed that the constitutional and statutory safeguards such as the mercy, the power of appeal and review as well as legal assistance shall ensure that chances of error are kept to the minimum.

State of Punjab, May and also to the various amendments made in to the Code of Criminal Procedure. The Law Commission of India submitted its nd report in on the issue of the death penalty in India.

State of Maharashtra, April The Commission concluded after studying the issue extensively that the death penalty does not serve the penological goal of deterrence any more than life imprisonment.

It was opined that it fails to achieve any constitutionally valid penological goals. The Law Commission also concluded that in focusing on the death penalty as the ultimate measure of justice to victims, the restorative and rehabilitative aspects of justice are lost sight of [18].

The discretionary power of judges and uneven application of Bachan Singh v. State of Punjab, May in these cases goes against the constitutional principles and principle of equality making the whole process arbitrary and subjective to whims of the judges.

The commission also identified some systematic impediments such as lack of resources, outdated modes of investigation, over-stretched police force, ineffective prosecution, and poor legal aid making the administration of the death penalty vulnerable to errors.

The commission also concluded that constitutional and statutory safeguards such as Article 72 and Article have also failed to safeguard the rights from these impediments.

There are divergent views on which the death penalty in being currently debated over in India. It has been argued by many academicians and many research groups that the presence of such inhumane punishment serves no purpose in the current times.

India certainly does not need it as it serves no purpose. It is argued that no study has shown that the death penalty deters murder more than life imprisonment and that evidence is to the contrary.

The Courts have in various cases worked on their fancies and arbitrarily imposed this most extreme punishment. It is also argued that the concept works in contrast to the rehabilitation criminal justice system adopted by India [19].

Further, it has also been argued that it is per se cruel, irrespective of its utility or its deterrent effect.

On the other hand, it has been argued that state-sanctioned death penalty acts as a catalyst to promote the law and the fear of law which acts as a deterrent to future offenders.

There is also a push to help the victims and to follow the retribution model of punishment. The concept of the death penalty as understood by a layman is sentencing and execution.

By what goes unnoticed is the wide gap between the provisions of law and the realities of its enforcement.

The whole process is vulnerable to a large number of systematic and structural impediments. The flagrant violations of even the most basic protections like those against torture and self-incrimination, along with the systemic inability to provide for competent representation or to undertake effective sentencing procedures in capital cases make it extremely clear that the crisis in our criminal justice system has translated.

It has been acknowledged by the judges that the legal aid system has not satisfactory and expressed concerns about the disparate impact of the system on socio-economically marginalised persons.

The legal aid system developed by the justice system fails to achieve its objective and fails to fulfill its constitutional promises.

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