Supreme Court sets guidelines for due process in death penalty cases

On 10 October, on the occasion of 'Day Against the Death Penalty', the Supreme Court focused on a study of past protective guidelines implemented in death penalty cases. It was an appropriate occasion to observe how these guidelines have functioned over the last four decades.

According to a report by The Hindu, in the 1980 case of Bachan Singh vs State of Punjab, a constitutional bench of the Supreme Court upheld the death penalty. However, along with this decision, certain specific conditions and guidelines were also imposed for the exercise of judicial discretion. The primary objective of these guidelines was to ensure due process in the implementation of the death penalty.

From a legal framework perspective, the provisions previously made under Section 354(3) of the CrPC have now been incorporated into Section 393(3) of the new law, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Under this legal arrangement, life imprisonment is considered the general rule or standard. The death penalty can be imposed only for "special reasons".

When courts are to decide in such grave cases, they must evaluate the circumstances of the accused along with the circumstances of the crime in a balanced manner. Judges should consider both the gravity of the offence and the personal circumstances of the accused. According to these Supreme Court rules, the death penalty can be awarded only when the possibility of life imprisonment is completely or "unquestionably foreclosed".

In this manner, for the last four decades, these guidelines have provided an important framework for the exercise of judicial discretion in death penalty cases.