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On Monday, the Supreme Court, while hearing the matter related to the death penalty, ordered the constitution of a constitution bench for it. A bench of CJI UU Lalit, Justice S Ravindra Bhat and Justice Sudhanshu Dhulia said that it is necessary to keep on record the circumstances mitigating the death penalty in all such cases.
However, circumstances commuting the death penalty can be re-indicted only after the charges are proved.
Separate hearing required before death sentence
Before ordering the formation of a Constitution Bench, the Bench observed that there were several conflicting judgments with regard to the trial before awarding death sentence to an accused. In the Bachchan Singh case, the court had made mandatory separate trial of the accused before awarding the death sentence as per the recommendations of the 48th Law Commission of India.
The verdict was reserved on August 17.
CJI UU Lalit had reserved the verdict on the matter on August 17. He had said that after the death of the death penalty and the death of the guilty, the verdict cannot be changed or revoked. That is, it is necessary to give an opportunity to the accused to prove the gravity of the offense less, so that the court can be told that the death penalty is not required. The Supreme Court heard the Suo-Moto case.
The court wants to ensure that the evidence is included during the trial in cases with the possibility of capital punishment, as the matter requires immediate action.
Decision was taken on the case of Madhya Pradesh High Court
This matter of reducing the death sentence and taking a decision after listening to the side of the guilty came to light after the petition of a person named Irfan. In this, the lower court had sentenced him to death and it was continued by the Madhya Pradesh High Court.