The Meandering Course of Death Penalty Sentencing in India: A Critical Analysis

Abstract

The Constitutional bench of the Supreme Court of India in Bachan Singh v. State of Punjab has laid down elaborate criteria that needs to be applied to decide whether an accused deserves death penalty or not. Analyzing the decision of the Supreme Court from 1973- 2013, the author argues that subsequent Courts have not only failed to apply the criteria laid down but have also grossly misunderstood the decision of the Constitutional bench, thereby sending several accused to the gallows for whom the appropriate punishment may have been imprisonment for life. This paper traces the path the meandering course of death penalty sentencing in India has taken and suggests corrective course.