Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
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Criminal Law
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Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
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ILC-2014-SC-CRL-Jan-12

Shatrughan Chauhan & Anr. Vs. Union of India & Ors.

Head Note

Criminal Laws  - Death sentence

Constitution of Indian, 1950 - Article 21 - Death sentence - Delay in Execution - Suffering from insanity/mental illness - Maintainability - Directions of United Nations International Conventions, of which India was party clearly showed that insanity/mental illness/schizophrenia was crucial supervening circumstance, which should be considered by Court in deciding whether in facts and circumstances of case death sentence could be commuted to life imprisonment - United Nations Resolution against execution of death sentence, debate of General Assembly, decisions of International Court of Justice, Treaties, European Conventions, 8th amendment in United States which prohibited execution of death sentence on insane person - In view of well established laws both at national as well as international sphere, Court inclined to consider insanity as one of supervening circumstances that warrants for commutation of death sentence to life imprisonment - Hence, mental illness, caused to accused should not be executed -On this ground, death sentence was commuted to life imprisonment - Petitions allowed.

Indian Penal Code,1860  - Section 376 , Section 302 , Section 34

Death sentence - Rejection of Mercy petition -Commutation of death sentence - Entitlement - Petitioners accused all of them where charged on various offences punishable u/ss. 302, 376, 34 IPC - Accused where convicted and sentenced to death - Hence instant petitions by accused or by their family members or by public-spirited bodies based on rejection of mercy petitions by Governor and President of India - When delay caused in disposing mercy petitions was seen to be unreasonable, unexplained and exorbitant, it was duty of Court to step in and consider this aspect - Right to seek for mercy u/art. 72, 161 of the Constitution was Constitutional right and not at discretion or whims of executive - Every Constitutional duty should be fulfilled with due care and diligence otherwise judicial interference was command of Constitution for upholding its values - Hence, petitioners death sentence was commuted to life imprisonment - Petitions allowed.

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