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Death Sentence for Murder in India

By J. J. Miranda

Published In

Cr LJ 1980

Section 302 of Indian Penal Code provides only two types of punishment — life imprisonment and death sentence. But the amended Criminal Procedure Code of 1973, Section 354 (3) limits the scope of the sentence of death and imposes an obligation to give "Special reasons" to give the extreme penalty of death to the murderer. And while so doing, the Court has to hear the accused and take into consideration all facts such as personal and social, the motivational and physical circumstances of the criminal including also the intense suffering endured by the prison-torture or agonising death penalty hanging over head consequent on the legal process. Our Supreme Court consisting of their Lordships Justice V. R. Krishna Iyer, D. A. Desai and A. P. Sen in appeals against death sentence from Allahabad High Court and Kerala High Court, in the majority judgment of His Lordship Justice Krishna Iyer and D. A. Desai— Justice Sen dissenting have laid down salient guideli ....

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