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The State Of Jharkhand vs Kishun Sao on 8 August, 2024 cites

Bachan Singh Etc. Etc vs State Of Punjab Etc. Etc on 16 August, 1982

27. The basic principle behind imposition of the death sentence is that it has to be awarded in the "rarest of rare" case. The aggravating as well as the mitigating circumstances are to be examined by the Court. The Hon'ble Supreme Court in the case of "Bachan Singh v. State of Punjab" reported in (1982) 3 SCC 24 has pointed out some of the aggravating and mitigating circumstances which should be taken into account. Pre-planned murder, extreme brutality, exceptional depravity are some of the aggravating circumstances pointed out by the Hon'ble Supreme Court. Further some mitigating factors have also been pointed out such as, the offence committed under the influence of extreme mental or emotional disturbance, age of the accused, the probability that the accused would not commit criminal act further, the accused can be reformed and rehabilitated and that in the facts and circumstances of the case the accused believed that he was morally justified in committing the offence, act under duress or domination of another person, mental deformity which impaired his capacity to appreciate the criminality of his conduct. However, these list was not exhaustive and there may be other factors also.
Supreme Court of India Cites 112 - Cited by 863 - P N Bhagwati - Full Document
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