Appeals In Death Penalty Cases
1. Introduction: Appeals in Death Penalty Cases
The death penalty is the rarest of rare punishment under Indian law. Because of its irreversible nature, the legal system provides multiple layers of appeal and review to ensure fairness and justice.
Legal Framework
Constitution of India
Article 21 – Right to life: No person shall be deprived of life except according to the procedure established by law.
Requires strict safeguards in capital punishment cases.
Code of Criminal Procedure (CrPC), 1973
Section 366 – Death sentence is appealable to the High Court.
Section 374 – Appeal in the Supreme Court.
Section 378 & 372 – Procedures for confirmation of death sentence.
Supreme Court Guidelines
Death sentence can be imposed only in “rarest of rare” cases.
Courts consider mitigating circumstances, the offender’s background, and possibility of reform.
Key Principle: Every death sentence must undergo automatic confirmation by the High Court, followed by possible appeal to the Supreme Court and review/curative petition.
2. Landmark Case Laws on Death Penalty Appeals
Case 1: Bachan Singh v. State of Punjab (1980)
Facts:
Bachan Singh was convicted of murder and sentenced to death.
Holding:
Supreme Court ruled that the death penalty should be imposed only in “rarest of rare” cases.
High Court must consider mitigating circumstances.
Sentences must be confirmed by the High Court before execution.
Significance:
Established mandatory appellate scrutiny.
First major case laying down the “rarest of rare” doctrine.
Case 2: Machhi Singh v. State of Punjab (1983)
Facts:
Machhi Singh was part of a gang involved in multiple murders.
Holding:
Supreme Court upheld death penalty under the rarest of rare doctrine.
Factors considered: brutality of crime, number of victims, and societal impact.
Significance:
Reinforced High Court and Supreme Court appellate oversight.
Death penalty upheld only for extreme cases of murder.
Case 3: Shatrughan Chauhan v. Union of India (2014)
Facts:
Convicted of murder, appealed against death sentence citing delay in execution.
Holding:
Supreme Court held that unreasonable delay in execution amounts to inhuman treatment, violating Article 21.
Court commuted death sentences to life imprisonment if delay exceeded 5–10 years.
Significance:
Introduced delay as a mitigating factor in appeals.
Strengthened the appellate role in protecting constitutional rights.
Case 4: Santosh Kumar Satishbhushan Bariyar v. State of Maharashtra (2009)
Facts:
Convicted for brutal murder, death sentence imposed.
Holding:
Supreme Court emphasized examination of mitigating circumstances: age, mental state, possibility of reform.
Death penalty is appropriate only when retribution outweighs reform prospects.
Significance:
Confirms appellate courts must independently evaluate all circumstances.
Not a mere rubber-stamp on trial court decision.
Case 5: Swamy Shraddananda v. State of Karnataka (2008)
Facts:
Convicted for murder of a public figure; death sentence imposed.
Holding:
Supreme Court commuted sentence due to lack of extreme brutality.
Death penalty requires exceptional circumstances beyond mere murder.
Significance:
High Court and Supreme Court must exercise discretion and consider proportionality.
Case 6: Daya Nayak v. State of Maharashtra (2010)
Facts:
Convicted for multiple homicides, appealed against death sentence.
Holding:
Supreme Court upheld death sentence after reviewing:
Number of victims
Cold-blooded nature of crime
Threat to society
Death sentence confirmed by High Court and Supreme Court appellate review.
Significance:
Demonstrates the layers of appellate scrutiny in ensuring “rarest of rare” criteria are met.
Case 7: Devender Pal Singh Bhullar v. State of NCT of Delhi (2013)
Facts:
Convicted of terrorism-related murder, death sentence imposed.
Holding:
Supreme Court commuted death sentence citing mental health issues and long delay in execution.
Significance:
Shows that appeals consider health, mental capacity, and procedural delays.
Appellate review protects constitutional safeguards.
3. Key Legal Principles from Appeals
Mandatory High Court Confirmation: Death sentence cannot be executed without High Court approval (CrPC Section 366).
Supreme Court Appeal: Automatic right of appeal under Section 374 CrPC.
Rarest of Rare Doctrine: Death penalty only in exceptional cases of brutality, public outrage, or multiple victims.
Mitigating Circumstances: Age, mental health, possibility of reform, delay in execution, and socio-economic background.
Procedural Safeguards: Appellate courts must independently review trial record; not a mere formality.
Delay in Execution: Unreasonable delay can commute death to life imprisonment.
4. Practical Implications
Death penalty cases undergo multi-layered appellate review: trial court → High Court confirmation → Supreme Court appeal → Review/Curative petition.
Appellate courts act as safeguard against wrongful executions.
Courts balance retribution, deterrence, and reform prospects.
Even after confirmation, mercy petitions to the President are part of the safeguard system.
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