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.