Name of the Case : Bachan Singh vs. State of Punjab
Year of Judgement : 1980
Popular Name : -
Related Topic/ Issue : Constitutional validity of death penalty
Related Article/ Schedule : 19 & 21
Supreme Court Judgement:
- Death Penalty in IPC: The Supreme Court ruled that the provision of the death penalty under Section 302 of the Indian Penal Code as an alternative punishment for murder is not unreasonable and does not violate Article 19.
- Article 19(1): It stated that Article 19(1) does not protect the activity of committing murder.
- Article 21: The court held that the provision of the death penalty does not violate Article 21, recognizing the state's right to deprive a person of life or personal liberty following a fair, just, and reasonable procedure established by a valid law.
- Exception, Not the Rule: The judgement emphasized that the death penalty for murder should be an exception rather than the rule, confined to the 'rarest of rare cases' when no alternative is viable.
- Exceptional Circumstances: It highlighted that both the exceptional and grave circumstances of the crime and the criminal should be considered when choosing the death penalty.
Impact of the Judgement:
- Doctrine of 'Rarest of Rare Cases': The judgement established the doctrine of 'rarest of rare cases' for awarding the death penalty.
- Influence on Subsequent Judgements: This doctrine has significantly influenced the Supreme Court's decisions in various subsequent cases regarding the death penalty.