Death penalty: SC refers to 5-judge bench case on framing guidelines on mitigating circumstances

The Supreme Court on Monday referred to a five-judge Constitution bench a suo motu plea on framing of guidelines on how and when potential mitigating circumstances be considered by courts during trial in cases which entail the death penalty as the maximum punishment.

A bench headed by Chief Justice Uday Umesh Lalit said it was of the opinion that this matter required a hearing by a larger bench to have clarity and uniform approach as to when an accused, facing death penalty as maximum sentence, is required to be heard with regard to mitigating circumstances.

Let matter be placed before the CJI for orders in this regard, Justice S Ravindra Bhat said while pronouncing the verdict.

A death sentence is irreversible and every opportunity should be given to the accused for consideration of mitigating circumstances so that the court concludes that capital punishment is not warranted, the bench had observed while reserving its verdict on August 17.

"We will have to see in such cases the consideration of mitigating circumstances has to be only after conviction or during trial as per judgments. Matters might have to be deferred so that sentencing can be given its due time. Where do we fit in that stage? In the fitness of things, I think it should be after all prosecution evidence is done being presented. Or we will have to send this to a larger Bench," Justice Lalit had said, reported Bar and Bench

The top court had taken note of the issue, saying there was an urgent need to ensure that mitigating circumstances for conviction of offences that carry the possibility of a death sentence are considered at the trial stage.

The case was titled as Framing Guidelines Regarding Potential Mitigating Circumstances to be Considered While Imposing Death Sentences .