GS-2Polity
1.Aggravating vs Mitigating Factors in Death Penalty (Death Penalty)
Indian ExpressBachan Singh case · rarest of rare · aggravating circumstances
What & Where
Death penalty: irreversible state execution for specified grave crimes under Bharatiya Nyay Sanhita 2023, UAPA 1967, NDPS 1985.
Doctrine: “Rarest of rare” (SC, Bachan Singh 1980) decides sentence after weighing aggravating vs mitigating factors in separate post-conviction hearing.
Geography: Retained by 55 nations, abolished by 112 (2022); India among retentionist democracies.
Quick Facts for MCQs
Sentencing Factors
- Age <30, mental disturbance, reform probability regularly cited as mitigation; inconsistency noted by 262nd Report.
- Aggravation includes pre-planning, extreme brutality, killing on-duty public servant.
- Santosh Bariyar 2009: Court must show evidence why reform impossible.
Judiciary Rulings
- Jagmohan 1972, Bachan Singh 1980 uphold penalty; Machhi Singh 1983 shifts focus to crime’s shock value.
- Shatrughan Chauhan 2014 protects against execution delay; Dattaraya 2020 quashes death for lack of separate hearing.
- Suo Motu 2022 referred “meaningful opportunity” issue to Constitution Bench.
Law Commission Reports
- 35th Report 1967 strongly supported death penalty.
- 187th Report 2003 flagged procedural flaws without seeking abolition.
- 262nd Report 2015 urged removal for all offences except terrorism/war.
International Examples
- 2022: Kazakhstan, PNG, Sierra Leone, CAR abolished; Equatorial Guinea, Zambia limited scope.
- Only advanced democracies still executing: USA, Japan.
- Global abolition trend: 48 countries (1991) → 112 (2022).
Key Data Points
| Feature | Data-Point |
|---|---|
| Bachan Singh ruling year | 1980 |
| Key doctrine phrasing | “Rarest of rare” |
| Separate sentencing stage mandated | Post-conviction, Bachan Singh |
| Sample aggravating factor | Pre-planned murder with exceptional depravity |
| Sample mitigating factor | Possibility of reform/rehabilitation |
| Machhi Singh test | Collective conscience (1983) |
| Jagmohan Singh verdict | Death penalty constitutional, 1972 |
| Shatrughan Chauhan holding | Execution delay can commute, 2014 |
| Manoj v State of MP | Mandatory probe into mitigating data, 2022 |
| 262nd Law Commission view | Abolish except terrorism (2015) |
| Nations retaining death penalty (2022) | 55 |
| Nations fully abolished (2022) | 112 |
| Share of executions by top 5 states | 91 % (China, Iran, Pakistan, Sudan, USA) |
| Indian sections prescribing death for rape | BNS §§ 66, 70(2), 71 |
| Minimum age often mitigating | Below 30 years (Ramnaresh 2012) |
