Here and here, I had discussed the recent views of the Supreme Court on the death penalty. In a recent case, Santosh Bariyar v. State of
A few commentators have pointed out that unless the judgment is read down, it will perhaps be impossible as a practical matter for a death sentence to be imposed. The judgment calls for strict compliance with all statutory procedures under the Criminal Procedure Code, and calls for additional evidence at the sentencing stage. The prosecution must prove all alternative options are foreclosed. In other words, the prosecution must show by leading evidence that there is no possibility of rehabilitation, and “life imprisonment will be futile and serves no purpose” whatsoever. This will be a huge burden, which the prosecution will hardly ever be able to discharge.
This post on Law and Other Things discusses the implications of the case.
Posts
3 comments:
but surely that is a good thing. isn't the idea behind 'rarest of rare' that it should be extremely difficult to apply? i think this judgment was long overdue.
Rarest of the rare contemplates at least a few instances dealing which would merit the death penalty. This judgment has all but said tht it is unconstitutional. The matter must be heard by a larger bench... Justice Sinha is fighting a crusade against the death penalty in his various judgments. Whether Bachchan can be reinterpreted this way is a question that needs further examination.
This is a welcome judgment and I am happy to note that the Supreme Court is finally moving in the right direction
Post a Comment