This Article has been written by Mr. Vivek Toppo, 3rd year Law student of National Law University Odisha.
Introduction:-
The Bachan Singh v State of Punjab case is a landmark judgment in Indian legal history that dealt with the constitutionality of the death penalty. The case has significant implications for the administration of justice in India and has helped to shape the country’s approach to capital punishment. This article t aims to provide an in-depth analysis of the Bachan Singh case, its background, legal issues, and the impact it has had on the Indian legal system.
Background:-
The Bachan Singh murder case is a well-known criminal case in India. The incident occurred on 27 December 1980, in the town of Ropar in the northern Indian state of Punjab. Bachan Singh, the accused, was a truck driver who had an altercation with two men, Dalip Singh and Gurdial Singh, over a minor issue.
In a fit of rage, Bachan Singh attacked Dalip Singh and Gurdial Singh with an axe, killing them both. He was arrested by the police and charged with murder under Section 302 of the Indian Penal Code.
During the trial, Bachan Singh admitted to the crime but pleaded that he had committed it in a fit of rage and was not in his right mind at the time. The trial court, however, rejected his plea and convicted him of murder, sentencing him to death.
The Supreme Court, in its judgment delivered on 9 May 1980, held that the death penalty was not unconstitutional but should only be imposed in the “rarest of rare cases”. The court set out a set of guidelines to be followed in determining whether a case fell within the “rarest of rare” category, which included factors such as the nature of the crime and the character of the offender.
The court also held that the imposition of the death penalty should be based on a balancing of the aggravating and mitigating circumstances of the case, and that the punishment should be proportionate to the crime. The court further stated that the death penalty should only be imposed when there was no alternative punishment appropriate to the crime.
Issue:-
The Bachan Singh v State of Punjab case is a landmark case that revolves around the death penalty in India. The main issue in this case was whether the death penalty was constitutional or not.
Law:-
The Indian Penal Code of 1860, Section 302 states that anyone convicted of murder shall be punished with death or life imprisonment. The Constitution of India also allows the death penalty under Article 21, which states that no person shall be deprived of their life or personal liberty except according to the procedure established by law. The Code of Criminal Procedure of 1973 provides for the process of awarding the death penalty.
In this case, the Constitutionality of the death penalty was challenged on the grounds that it violated Article 14 (Right to Equality) and Article 21 (Right to Life and Personal Liberty) of the Constitution.
Article 14 of the constitution states that “ The state shall not deny anyone’s right to equal protection under the law or equality before law i.e. within the boundaries of India”.
Article 21 of the constitution states that “ No person should be deprived of their life or personal freedom other than in accordance with legal procedures”.
Section 302 of IPC states that “Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.”
Application:
Bachan Singh was a young man who was convicted of murdering two people in Punjab. He was sentenced to death by the Sessions Judge and his sentence was upheld by the High Court of Punjab and Haryana. Bachan Singh then appealed to the Supreme Court of India, challenging the constitutionality of the death penalty.
The Supreme Court, after hearing both sides, considered the arguments and came to the conclusion that the death penalty was constitutional. The court held that the death penalty is not cruel and unusual punishment and is not violative of Articles 14 and 21 of the Constitution.
However, the court also held that the death penalty should only be imposed in “the rarest of rare cases.” The court established a set of guidelines to determine when the death penalty should be imposed. These guidelines require the court to consider the nature of the crime, the circumstances of the offender, and the interests of society while deciding on the sentence.
Precedents used in establishing the Judgement:-
Jagmohan Singh v State of U.P. (1973): In this case, the Supreme Court held that the death penalty was not unconstitutional and that it was a necessary deterrent against the most heinous crimes.
Rajendra Prasad v State of U.P. (1979): In this case, the Supreme Court held that the death penalty should be reserved for the “rarest of rare cases” and that the court should consider the nature of the crime and the character of the offender before imposing the death penalty.
Furman v Georgia (1972): In this case, the US Supreme Court held that the death penalty was unconstitutional because it violated the Eighth Amendment, which prohibits cruel and unusual punishment. However, the Bachan Singh court rejected the reasoning of the Furman case and held that the death penalty was not inherently cruel and unusual.
Gregg v Georgia (1976): In this case, the US Supreme Court upheld the constitutionality of the death penalty and established a set of guidelines for its imposition. The Bachan Singh court used the guidelines established in Gregg to develop its own guidelines for determining when the death penalty should be imposed.
Conclusion:-
The Bachan Singh v State of Punjab case is a landmark judgment that established the constitutionality of the death penalty in India. However, it also introduced the concept of “the rarest of rare cases,” which established guidelines for when the death penalty should be imposed. This case has been used as a precedent in many cases since its judgment in 1980.
Further the caseof Bachan Singh case remains an important precedent in Indian legal jurisprudence and has shaped the development of the death penalty law in Indian legal system.
Overall, the Bachan Singh case is an important example of how the Indian judiciary navigates complex legal issues and balances the rights of individuals with the interests of society as a whole.
References:-
https://indiankanoon.org/doc/367586/<as accessed on 31st March2023>
https://indiankanoon.org/doc/1199182/< as accessed on 31st March 2023>
Shukla, Alok. “The Death Penalty Debate in India.” Economic and Political Weekly, vol. 51, no. 21, 2016, pp. 57-60.
Singh, Harpreet. “Death Penalty in India: An Overview of the Bachan Singh Judgment and Its Impact.” Indian Journal of Criminology and Criminalistics, vol. 40, no. 1, 2019, pp. 18-28.
Table of cases:-
- Jagmohan Singh v State of U.P. (1973), AIR 1973 SC 947.
- Rajendra Prasad v State of U.P. (1979), AIR 1979 SC 916.
- Furman v Georgia (1972), 408 US 238 (1972).
- Gregg v Georgia (1976), 428 US 153 (1976).
Table of Statutes:-
- The Constitution of India, 1949.
- The Indian Penal Code, 1860.