A new track for capital punishment jurisprudence (UPSC Current Affair)

Relevance: GS2 – Indian Constitution, Executive & Judiciary

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Why in the news?

• The Supreme Court of India recently filed a criminal suo motu writ petition to establish standards for mitigation analysis in situations involving the death sentence or capital punishment.
• This may have implications of the evolution of jurisprudence of the death penalty in India, which may reset judicial thinking in sentencing and have long-term ramifications in the awarding of capital punishment.

What is meant by Capital Punishment?

• Capital punishment, sometimes known as the death sentence, is a state-sanctioned practice where an offender sentenced to death by a court of law after being convicted of a criminal offence is executed.
• It is the harshest penalty an offender can receive. It is usually awarded in the most serious cases of murder, rape, treason, and other crimes.
• It is viewed as the most effective deterrent and most suitable punishment for the worst of most heinous crimes.

What are the issues with the award of the capital punishment?

• The jurisdictional High Court must confirm capital punishment once it has been administered by the court of sessions, as required by statute under Chapter 28 of the Code of Criminal Procedure.
• The Supreme Court of India has studied sentencing methodology from the standpoint of mitigating circumstances more closely over the previous six months or so, while dealing with appeals against the confirmation of the death sentence.
• According to research titled 'Matters of Judgment' by the National Law University Delhi's Project 39A, there is no judicial uniformity or consistency in the use of the death penalty sentencing.
• As per the Project 39A report 'Death Penalty Sentence in Trial Courts,' courts have been lax in examining the aspect of Reformation and Mitigation when carrying out the sentencing process.

What is the Mitigation in Capital Punishment Cases?

• Mitigation, also referred to as " mitigating circumstances " or " mitigating factors," is evidence the convict can present in the sentencing phase of a capital trial to provide reasons why the convict should not receive a death sentence
• This evidence can include mental health problems, remorse, youth, childhood abuse or neglect, a minor role in the crime, or the absence of a prior criminal record.
• This may ultimately reduce the culpability of the convict in the case and will help judges to consider the reasons for preferring a life imprisonment over the death sentence.

How the jurisprudence related to the death penalty in India has evolved?

• Bachan Singh vs State of Punjab (1980): The supreme court recommended weighing the mitigating and aggravating factors against one another. The court established the notion that the death penalty should not be imposed until life imprisonment is "unquestionably excluded." It should only be given only in the Rarest of Rare circumstances.
• But, the Supreme Court has begun to look into sentencing methods in more interest in recent decisions.
• Rajendra Pralhadrao Wasnik vs The State of Maharashtra (2018): The Court has instructed that the convict's behavior in jail, outside jail, if on bail for a period of time, medical evidence about his mental state, contact with his family, and other factors be examined." The court ordered that reports on these topics be submitted. These documents are critical to the mitigation study.
• Mofil Khan vs State of Jharkhand (2021): "The State must prove that the accused's reformation and rehabilitation is not practicable," the court said, adding that "the Court will have to highlight clear evidence as to why the convict is unfit for any kind of reformatory and rehabilitation scheme."
• Manoj & Ors vs State of Madhya Pradesh (2022): The Court ordered that all reports of all probation officers connected to the accused be filed with the court, as well as reports regarding their behavior and nature of the work done by them while in jail. In addition, the convict's psychiatric and psychological evaluation should be conducted by a professional psychiatrist and a local professor of psychology.

What is Way Forward?

• In the area of capital punishment, there is a new wave of thought. The Supreme Court's decision to issue guidelines on mitigation analysis was both timely and important.
• The court should clarify what constitutes mitigating circumstances, the function of a probation officer in aiding the court, and the significance of a mitigation investigator in the sentencing process.
• Professionals trained in psychology, sociology, and criminology are required for a comprehensive mitigation analysis, in addition to legal professionals.
• The Supreme Court's mitigation investigation guidelines will enhance the idea of the rarest of rare. This will ensure that the sentencing and confirmation courts use their power to sentence people to death more fairly.

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