Category: Death Penalty

Capital Punishment: Mitigating Factors in Light of The Biopsychosocial Model 

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- This blog has been authored by Anmol Yadav. The author is 3rd year student of B.A. L.LB. (Hons.) at Faculty of Law, Banaras Hindu University, Varanasi.  In the complex discourse surrounding capital punishment, the consideration of mitigating factors becomes paramount, particularly when viewed through the lens of the Biopsychosocial Model. This interdisciplinary framework, encompassing biological, … Continue reading Capital Punishment: Mitigating Factors in Light of The Biopsychosocial Model 

EXECUTION OF DEATH SENTENCE AFTER TREATING MENTAL ILLNESS

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-Madhav Aggarwal INTRODUCTION The Supreme Court in its recent judgement in the case of Manoj v. State of MP laid down guidelines to be adhered to in cases pertaining to offences that can lead to a death sentence. It held that for sentencing, the jail authorities must produce a contemporaneous psychological and psychiatric report of … Continue reading EXECUTION OF DEATH SENTENCE AFTER TREATING MENTAL ILLNESS

Circumstantial Evidence as a Mitigating Factor

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- Nidhi Agrawal Sec. 354(3) of the Code of Criminal Procedure in 1973 introduced the requirement of courts to record “special reasons: for their choice of the death penalty or life imprisonment or imprisonment for a period of time if the offence provided for alternative offences. Rajendra Prasad v. State of Uttar Pradesh provided the first interpretation of “Special Reasons” … Continue reading Circumstantial Evidence as a Mitigating Factor

Death Penalty under Section 31A of NDPS Act, 1985.

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By Mehar Kaur Arora No individual has the right to take the life of another unless done in accordance with the due process of law and in the best interest of the general public. The Narcotic Drugs and Psychotropic Substances, Act, 1985 (NDPS Act) has been criticised heavily for its stringent punishments, including that of … Continue reading Death Penalty under Section 31A of NDPS Act, 1985.

The 2019 Amendment to POCSO: A Socio-Legal Analysis

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By Tanvi Rahim and Sannidhi Buch The 2019 Amendment “There can be no keener revelation of a society’s soul than the way in which it treats its children.” -Nelson Mandela Sexual abuse of children is a dark reality which is prevalent in several countries. A recent review of 55 studies from 24 countries found that … Continue reading The 2019 Amendment to POCSO: A Socio-Legal Analysis

Reverse Onus Clauses: Validity, Regulation and the Correlation with Death Penalty

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By Abinand Lagisetti Introduction One of the most fundamental characteristics of the complex Indian Criminal Law framework is the presumption of innocence bestowed upon the accused by the Courts and the burden of proof conferred upon the prosecution to prove the accused’s guilt. This principle was borrowed from English criminal law system and has been … Continue reading Reverse Onus Clauses: Validity, Regulation and the Correlation with Death Penalty