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BACHAN SINGH ETC. ETC. vs. STATE OF PUNJAB ETC. ETC.

SCR Citation: [1983] 1 S.C.R. 145
Year/Volume: 1983/ Volume 1
Date of Judgment: 16 August 1982
Petitioner: BACHAN SINGH ETC. ETC.
Disposal Nature: Appeal Dismissed
Neutral Citation: 1980 INSC 120
Judgment Delivered by: Hon'ble Mr. Justice R.S. Sarkaria
Respondent: STATE OF PUNJAB ETC. ETC.
Case Type: CRIMINAL APPEAL /273/1979
Order/Judgment: Judgment
1. Headnote

(A) Death Penalty, whether constitutionally valid?-Right to live, whether the provisions of section 302, Penal Code, offends Article 19 of the Constitution- Distinction between "Public order" and "Law and Order" Whether section 302, Penal Code, violates Article 21, the basic structure of the Constitution and Article 6(1) of the International Covenant on Civil and Political Rights as adopted by the General Assembly of the United Nations and reiterated in the Stockholm Declaration.

(B) Code of Criminal Procedure, 1973, section 354(3)-If section 302, Penal Code, is constitutional, whether the sentencing procedure provided in section 354(3) of the Code of Criminal Procedure, 1973 (Act II of 1974) ta unconstitutional on the ground that it invests with unguided and untrammelled discretion and allows death sentence to be arbitrarily or freakishly imposed on a person found guilty of murder or any other capital offence punishable under the Indian Penal Code with death or, in the alternative with imprisonment for life.

(C) Powers of the Supreme Court to lay down standards or norms restricting the area of imposition of death penalty to a narrow category of murders.

Upholding the constitutionality of section 302, Penal Code, and section 354 (3) of the Code of Criminal Procedure Code, the Court.

2. Case referred
3. Act
  • Indian Penal Code, 1860 (45 of 1860)
  • Code Of Criminal Procedure, 1973 (2 of 1974)
  • Constitution Of India
4. Keyword
  • Death Penalty
5. Equivalent citation
    Citation(s) 1982 AIR 1325 = 1982 (3) SCC 24 = 1982 (3) Suppl. SCC 24 = 1982 (1) SCALE 713