Skip to main content

India | Is Same Day Sentencing In Death Penalty Cases Proper? Supreme Court To Hear The Matter In January 2024

The Supreme Court today (22.11.2023) decided to list in January 2024 the petitions pertaining to whether same-day sentencing could be permissible in the cases of capital punishment or death penalty. 

The bench led by CJI DY Chandrachud stated that the registry shall notify the exact date of hearing in the matter in January 2024. It may be recalled that earlier, a bench comprising the then CJI UU Lalit, Justices S Ravindra Bhat and Sudhanshu Dhulia had noted that there were conflicting judgments regarding the grant of hearing to an accused before imposing death sentence on him. 

Taking into account the lack of a uniform framework in regard of separate hearings in death penalty matters, the Supreme Court had initiated a suo moto petition and referred the same to a 5-judge bench.

Today, the court appointed Ms Vidhi Thakkar, counsel assisting Senior Advocate Siddharth Dave (amicus curiae) as the nodal counsel in the matter and directed for all compilations to be submitted by December 15, 2023. 

Charting out the scope of the proceedings, Senior Advocate Dave, underlined the reason behind the initiation of the suo moto proceedings. He stated that the issue arose after no psychological evaluation was made of the detenu in a large number of death sentence cases. He added–

"So your lordships were then confronted with various three-judge bench decisions which provided for same day sentencing. And there are various decisions of equal strength on the opposite side which do not say that it cannot be resorted to." 

Dave submitted that if same day sentencing was made permissible in death penalty cases, there would no scope for psychological evaluation or for any mitigation circumstances to be put forth by the detenu or the convict at the stage of the sentencing. He asserted–

"Same day sentencing in capital punishment cases cannot be permitted. It is the duty upon the court to call for mitigation circumstances, not only from the accused but it can also call from the jail authorities, so to know the mental framework and the physical incapacitation of the person." 

The counsel for Project 39A, which is an intervenor in the matter, argued that apart from the issue of time gap in the same day sentences, mitigation as an integral component of the right to a fair trial had to also be taken into consideration. Thus, he stated that the right to counsel needed to encompass the right of mitigation assistance to a convict before sentencing him to death penalty. He argued–

"If mitigation is an essential part of the right to defence, the right to fair trial through counsel would also incorporate appropriate mitigation assistance. It is only then the fair trial would be insured. Even the right to counsel would conceivably have to encompass mitigation aspect. Therefore, we have also place a mitigation model." 

It may be noted that in Bachan Singh v. State of Punjab, the court, in its majority judgment, had upheld the constitutionality of the death sentence, on the condition that it could be imposed in the "rarest of rare" cases. The majority in Bachan Singh also took note of the fact that convicts would be afforded a separate hearing, to urge why capital sentence ought not to be resorted to. The judgment had further noted the Law Commission's observation that courts should "give the party or parties concerned an opportunity of producing evidence or material relating to the various factors bearing on the question of sentence."

The present suo motu petition was initiated noticing the lack of a uniform framework in regard of separate hearings in death penalty matters. It took into account the case of Manoj & Ors. v. State of Madhya, where the apprehensions relating to the absence of such a framework was recorded and the importance of a separate hearing and the necessity of background analysis of the accused, was highlighted. In this case, it was suggested that the social milieu, the age, educational levels, whether the convict had faced trauma earlier in life, family circumstances, psychological evaluation of a convict and post-conviction conduct, were relevant factors at the time of considering whether the death penalty ought to be imposed upon the accused. 

Case Title: In Re: Framing Guidelines Regarding Potential Mitigating Circumstances To Be Considered While Imposing Death Sentence SMW(Crl) No. 1/2022 PIL-W

Source: livelaw.in, Padmakshi Sharma, November 22, 2023


_____________________________________________________________________











Most viewed (Last 7 days)

Arizona | Man who murdered pastor crucifixion style requests plea deal after parents killed in plane crash

Adam Sheafe, the California man who admitted to killing a New River, Arizona, pastor in a crucifixion-style attack, has asked prosecutors to offer him a plea deal that would result in a natural life sentence rather than the death penalty he had previously sought. Advisory council attorneys representing Sheafe sent a formal plea offer to prosecutors this week, about two weeks after his father and stepmother died in a plane crash at Marana Airport on April 8, according to 12 News. Sheafe, 51, is charged with first-degree murder in the death of William Schonemann, 76, pastor of New River Bible Church, who was found dead inside his home last April.

US Department of Justice announces decision to resume federal executions

The Department of Justice (DOJ) announced on Friday that it will resume the federal use of capital punishment and that it is seeking death sentences against 44 defendants. DOJ also said that it will use firing squads, electrocution, or nitrogen asphyxiation if the drug used in lethal injection is unavailable. The announcement follows the Restoring and Strengthening the Federal Death Penalty report, published on April 24. The report is especially critical of the moratorium on federal executions, ordered by Attorney General Merrick Garland in July 2021, to remain until the death penalty could be conducted “fairly and humanely.” Garland was concerned about the federal lethal injection protocol, which uses only one drug, pentobarbital, and the possibility that it causes “unnecessary pain and suffering.” In response to Garland’s moratorium and concerns, President Biden commuted the sentences of 37 prisoners on federal death row, leaving only three prisoners.

China | Man sentenced to death for murder executed in Yunnan

Tian Yongming, who was initially sentenced for a series of violent crimes and then had his sentence changed to death early this year, has been executed in Yunnan province following approval from China's top court. The execution was carried out by the Intermediate People's Court in Yuxi, Yunnan, on Tuesday, with local prosecutors supervising the process. Before the execution, Tian was allowed to meet with his family members. The case dates back to September 1996, when Tian was sentenced to nine years in prison for the rape and attempted murder of his sister-in-law. After his release on July 15, 2002, he plotted revenge against the woman. On the night of Nov 13, 2002, he broke into her home armed with a knife.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

Florida executes Chadwick Scott Willacy

STARKE, Fla. -- A Florida man who set his neighbor on fire after she returned from work to find him burglarizing her home was executed Tuesday evening. Chadwick Scott Willacy, 58, received a three-drug injection and was pronounced dead at 6:15 p.m. at Florida State Prison near Starke for the 1990 killing of Marlys Sather. It was Florida's fifth execution this year. The curtain to the execution chamber went up promptly at the scheduled 6 p.m. time, and the lethal injection got underway two minutes later, after Willacy made a brief statement.

Iran to execute first woman linked to mass protests after ‘forced confessions’

Bita Hemmati and three others have been sentenced to death for 'collusion' and 'propaganda.' Advocates claim the charges are baseless, citing a secretive process and state-televised interrogations. Iranian authorities are preparing to execute Bita Hemmati, the first woman sentenced to death in connection with the mass protests in Tehran in late December and January, according to the US-based non-profit the Human Rights Activists News Agency. Judge Iman Afshari, of Branch 26 of the Tehran Revolutionary Court, sentenced Hemmati, her husband, Mohammadreza Majidi Asl, and Behrouz Zamaninezhad, and Kourosh Zamaninezhad to death on the charge of “operational action for the hostile government of the United States and hostile groups,” in addition to discretionary imprisonment period of five years on the charge of “assembly and collusion against national security.”  

Tennessee | Man set to be executed files motion claiming DNA evidence will exonerate him

MEMPHIS, Tenn. — Attorneys for death row inmate Tony Carruthers filed a motion in Shelby County Criminal Court seeking immediate DNA testing on evidence they claim will prove his innocence in a 1994 triple murder.  Carruthers is scheduled for execution on May 12. He was convicted and sentenced to death for the kidnapping and murders of 24-year-old Marcellos Anderson, 17-year-old Delois Anderson, and 21-year-old Frederick Scarborough. Prosecutors at trial alleged the victims were buried alive in a Memphis cemetery as part of a drug-related robbery.

Florida Schedules Two Executions for Late April

TALLAHASSEE, Fla. — Governor Ron DeSantis has directed the Florida Department of Corrections to move forward with two executions scheduled for late April 2026, marking a significant ramp-up in the state's use of capital punishment. The scheduled deaths of Chadwick Willacy and James Ernest Hitchcock follow a series of landmark judicial rulings that have kept both men on death row for decades.

Singapore executes man for trafficking 1kg of cannabis

SINGAPORE — Singaporean authorities executed Omar bin Yacob Bamadhaj at Changi Prison on Thursday, April 16, 2026, following his 2019 conviction for importing 1,009.1 grams of cannabis. Bamadhaj, 41, though some reports have cited his age as 46, was arrested on July 12, 2018, during a routine search at the Woodlands Checkpoint. Officers discovered the narcotics wrapped in plastic and hidden within his vehicle as he attempted to enter Singapore from Malaysia.  Under the Misuse of Drugs Act, the threshold for the mandatory death penalty involving cannabis is 500 grams, a limit this shipment exceeded by more than double.

Florida | Man avoids death penalty in Daytona Beach triple murder

Jerome Anderson shot and killed Antoine Melvin, 42, John Burch, 65, and Patrick Lassiter, 35, in 2023. A man pleaded no contest to a triple-murder in Daytona Beach and was sentenced April 20 to three consecutive life terms in prison as part of a plea deal in which he avoided a possible death sentence. Jerome Anderson, 41, was indicted on three counts of first-degree murder and possession of a firearm by a convicted felon in the 2023 triple-slaying. Anderson pleaded no contest to the three first-degree murder charges April 20 and, in exchange, Assistant State Attorney Andrew Urbanak agreed not to continue to pursue the death penalty.