The Enduring Gaps and Errors in Capital Sentencing in India

Title: The Enduring Gaps and Errors in Capital Sentencing in India

Published on: September 17, 2020

Published in: National Law School of India Review

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Preeti Pratishruti Dash

In the forty years since Bachan Singh upheld the constitutional validity of the death penalty in May 1980, there have been numerous concerns about the fate of the death penalty sentencing framework laid down by the majority. Inconsistent application, interpretational errors, and judge-centric decision making have dominated these concerns. However, this article seeks to revisit the premise of those narratives, i.e. these concerns have emerged as a result of the incorrect application of Bachan Singh.