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The capital sentencing framework in India developed in Bachan Singh sought to guide the discretionary power of judges in choosing between life imprisonment and a death sentence. The resulting ‘rarest of rare’ framework mandates sentencing courts to weigh aggravating and mitigating circumstances of the offence and the offender, while also considering probability of reformation, and the suitability of the alternative option of life imprisonment. Contrary to the special emphasis on the role of mitigating circumstances of the offender in Bachan Singh, the report found that trial courts across the three states had little regard for it. Trial courts were heavily driven by a crime–centric approach and did not consider mitigating circumstances in 51% of the total cases.
Closely tied to the non–consideration of mitigating circumstances by trial courts is the duration between conviction and sentencing hearing. The Code of Criminal Procedure, 1973 (CrPC) under Section 235(2) provides for a bifurcated trial with separate conviction and sentencing hearings, to allow sufficient time to the defence lawyer to collect and present relevant mitigating evidence. However, the report found that in 44% of the cases, sentencing hearings took place on the same day as conviction. This also explains the dismal quality of sentencing arguments made by defence lawyers.
Which of the following is correct and follows from the above premise?
  • a)
    Courts employ crime centric approach to capital sentencing.
  • b)
    Courts have faith in reformative approaches.
  • c)
    Rights of the accused are placed above the rights of the victims.
  • d)
    None of the above.
Correct answer is option 'A'. Can you explain this answer?
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The capital sentencing framework in India developed in Bachan Singh s...
Option (a) is the right choice and directly follows from the above premise. Options (b) and (c) are incorrect and hence (d) is also incorrect.
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The capital sentencing framework in India developed in Bachan Singh sought to guide the discretionary power of judges in choosing between life imprisonment and a death sentence. The resulting ‘rarest of rare’ framework mandates sentencing courts to weigh aggravating and mitigating circumstances of the offence and the offender, while also considering probability of reformation, and the suitability of the alternative option of life imprisonment. Contrary to the special emphasis on the role of mitigating circumstances of the offender in Bachan Singh, the report found that trial courts across the three states had little regard for it. Trial courts were heavily driven by a crime–centric approach and did not consider mitigating circumstances in 51% of the total cases.Closely tied to the non–consideration of mitigating circumstances by trial courts is the duration between conviction and sentencing hearing. The Code of Criminal Procedure, 1973 (CrPC) under Section 235(2) provides for a bifurcated trial with separate conviction and sentencing hearings, to allow sufficient time to the defence lawyer to collect and present relevant mitigating evidence. However, the report found that in 44% of the cases, sentencing hearings took place on the same day as conviction. This also explains the dismal quality of sentencing arguments made by defence lawyers.Which of the following statements highlight(s) the problems with death penalty adjudication by courts, in the backdrop of the above passage? I. There is lack of clarity about sentencing factors. II. There are no constitutional thresholds in place for a sentencing hearing and no remedies for deficient sentencing hearings. III. Crime centric approach is the right approach and the courts must not look into mitigating factors."

It is strange that the government wants the Supreme Court to frame a rule imposing aseven-day limit on the time that convicts have to file a mercy petition after a death warrant is issued. And that courts, governments and prison authorities should all be mandated to issue death warrants within seven days of the rejection of mercy petitions and to carry out the sentence within seven days thereafter. On the need for a time limit for filing curative petitions, the government is right in believing that the absence of such a stipulation gives scope for convicts in the same case to take turns to file such petitions. However, there is no sign that the apex court delays disposal of curative petitions. If and when one is filed, it results in no more than a few days' delay. In a country that unfortunately retains the death penalty, there is no excuse for delaying the disposal of any petition, either in court, or before constitutional functionaries. Nor is there any need to expedite executions by revisiting sound guidelines. As the death penalty is limited to the ""rarest of rare"" cases, nothing is lost if those facing execution are allowed to exhaust all possible remedies.Q. Unexplained/unreasonable/inordinate delay in disposal of mercy petition is one of the circumstances for commutation of death sentence to life imprisonment. Shreya, wife of Shreyash, filed the present Curative Petition, wherein she prayed for setting aside the death sentence imposed upon Shreyash by commuting the same to imprisonment for life on the ground of delay of 8 years in disposal of mercy petition. Will Shreya’s challenge succeed?

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The capital sentencing framework in India developed in Bachan Singh sought to guide the discretionary power of judges in choosing between life imprisonment and a death sentence. The resulting ‘rarest of rare’ framework mandates sentencing courts to weigh aggravating and mitigating circumstances of the offence and the offender, while also considering probability of reformation, and the suitability of the alternative option of life imprisonment. Contrary to the special emphasis on the role of mitigating circumstances of the offender in Bachan Singh, the report found that trial courts across the three states had little regard for it. Trial courts were heavily driven by a crime–centric approach and did not consider mitigating circumstances in 51% of the total cases.Closely tied to the non–consideration of mitigating circumstances by trial courts is the duration between conviction and sentencing hearing. The Code of Criminal Procedure, 1973 (CrPC) under Section 235(2) provides for a bifurcated trial with separate conviction and sentencing hearings, to allow sufficient time to the defence lawyer to collect and present relevant mitigating evidence. However, the report found that in 44% of the cases, sentencing hearings took place on the same day as conviction. This also explains the dismal quality of sentencing arguments made by defence lawyers.Which of the following is correct and follows from the above premise?a)Courts employ crime centric approach to capital sentencing.b)Courts have faith in reformative approaches.c)Rights of the accused are placed above the rights of the victims.d)None of the above.Correct answer is option 'A'. Can you explain this answer?
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The capital sentencing framework in India developed in Bachan Singh sought to guide the discretionary power of judges in choosing between life imprisonment and a death sentence. The resulting ‘rarest of rare’ framework mandates sentencing courts to weigh aggravating and mitigating circumstances of the offence and the offender, while also considering probability of reformation, and the suitability of the alternative option of life imprisonment. Contrary to the special emphasis on the role of mitigating circumstances of the offender in Bachan Singh, the report found that trial courts across the three states had little regard for it. Trial courts were heavily driven by a crime–centric approach and did not consider mitigating circumstances in 51% of the total cases.Closely tied to the non–consideration of mitigating circumstances by trial courts is the duration between conviction and sentencing hearing. The Code of Criminal Procedure, 1973 (CrPC) under Section 235(2) provides for a bifurcated trial with separate conviction and sentencing hearings, to allow sufficient time to the defence lawyer to collect and present relevant mitigating evidence. However, the report found that in 44% of the cases, sentencing hearings took place on the same day as conviction. This also explains the dismal quality of sentencing arguments made by defence lawyers.Which of the following is correct and follows from the above premise?a)Courts employ crime centric approach to capital sentencing.b)Courts have faith in reformative approaches.c)Rights of the accused are placed above the rights of the victims.d)None of the above.Correct answer is option 'A'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about The capital sentencing framework in India developed in Bachan Singh sought to guide the discretionary power of judges in choosing between life imprisonment and a death sentence. The resulting ‘rarest of rare’ framework mandates sentencing courts to weigh aggravating and mitigating circumstances of the offence and the offender, while also considering probability of reformation, and the suitability of the alternative option of life imprisonment. Contrary to the special emphasis on the role of mitigating circumstances of the offender in Bachan Singh, the report found that trial courts across the three states had little regard for it. Trial courts were heavily driven by a crime–centric approach and did not consider mitigating circumstances in 51% of the total cases.Closely tied to the non–consideration of mitigating circumstances by trial courts is the duration between conviction and sentencing hearing. The Code of Criminal Procedure, 1973 (CrPC) under Section 235(2) provides for a bifurcated trial with separate conviction and sentencing hearings, to allow sufficient time to the defence lawyer to collect and present relevant mitigating evidence. However, the report found that in 44% of the cases, sentencing hearings took place on the same day as conviction. This also explains the dismal quality of sentencing arguments made by defence lawyers.Which of the following is correct and follows from the above premise?a)Courts employ crime centric approach to capital sentencing.b)Courts have faith in reformative approaches.c)Rights of the accused are placed above the rights of the victims.d)None of the above.Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The capital sentencing framework in India developed in Bachan Singh sought to guide the discretionary power of judges in choosing between life imprisonment and a death sentence. The resulting ‘rarest of rare’ framework mandates sentencing courts to weigh aggravating and mitigating circumstances of the offence and the offender, while also considering probability of reformation, and the suitability of the alternative option of life imprisonment. Contrary to the special emphasis on the role of mitigating circumstances of the offender in Bachan Singh, the report found that trial courts across the three states had little regard for it. Trial courts were heavily driven by a crime–centric approach and did not consider mitigating circumstances in 51% of the total cases.Closely tied to the non–consideration of mitigating circumstances by trial courts is the duration between conviction and sentencing hearing. The Code of Criminal Procedure, 1973 (CrPC) under Section 235(2) provides for a bifurcated trial with separate conviction and sentencing hearings, to allow sufficient time to the defence lawyer to collect and present relevant mitigating evidence. However, the report found that in 44% of the cases, sentencing hearings took place on the same day as conviction. This also explains the dismal quality of sentencing arguments made by defence lawyers.Which of the following is correct and follows from the above premise?a)Courts employ crime centric approach to capital sentencing.b)Courts have faith in reformative approaches.c)Rights of the accused are placed above the rights of the victims.d)None of the above.Correct answer is option 'A'. Can you explain this answer?.
Solutions for The capital sentencing framework in India developed in Bachan Singh sought to guide the discretionary power of judges in choosing between life imprisonment and a death sentence. The resulting ‘rarest of rare’ framework mandates sentencing courts to weigh aggravating and mitigating circumstances of the offence and the offender, while also considering probability of reformation, and the suitability of the alternative option of life imprisonment. Contrary to the special emphasis on the role of mitigating circumstances of the offender in Bachan Singh, the report found that trial courts across the three states had little regard for it. Trial courts were heavily driven by a crime–centric approach and did not consider mitigating circumstances in 51% of the total cases.Closely tied to the non–consideration of mitigating circumstances by trial courts is the duration between conviction and sentencing hearing. The Code of Criminal Procedure, 1973 (CrPC) under Section 235(2) provides for a bifurcated trial with separate conviction and sentencing hearings, to allow sufficient time to the defence lawyer to collect and present relevant mitigating evidence. However, the report found that in 44% of the cases, sentencing hearings took place on the same day as conviction. This also explains the dismal quality of sentencing arguments made by defence lawyers.Which of the following is correct and follows from the above premise?a)Courts employ crime centric approach to capital sentencing.b)Courts have faith in reformative approaches.c)Rights of the accused are placed above the rights of the victims.d)None of the above.Correct answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of The capital sentencing framework in India developed in Bachan Singh sought to guide the discretionary power of judges in choosing between life imprisonment and a death sentence. The resulting ‘rarest of rare’ framework mandates sentencing courts to weigh aggravating and mitigating circumstances of the offence and the offender, while also considering probability of reformation, and the suitability of the alternative option of life imprisonment. Contrary to the special emphasis on the role of mitigating circumstances of the offender in Bachan Singh, the report found that trial courts across the three states had little regard for it. Trial courts were heavily driven by a crime–centric approach and did not consider mitigating circumstances in 51% of the total cases.Closely tied to the non–consideration of mitigating circumstances by trial courts is the duration between conviction and sentencing hearing. The Code of Criminal Procedure, 1973 (CrPC) under Section 235(2) provides for a bifurcated trial with separate conviction and sentencing hearings, to allow sufficient time to the defence lawyer to collect and present relevant mitigating evidence. However, the report found that in 44% of the cases, sentencing hearings took place on the same day as conviction. This also explains the dismal quality of sentencing arguments made by defence lawyers.Which of the following is correct and follows from the above premise?a)Courts employ crime centric approach to capital sentencing.b)Courts have faith in reformative approaches.c)Rights of the accused are placed above the rights of the victims.d)None of the above.Correct answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of The capital sentencing framework in India developed in Bachan Singh sought to guide the discretionary power of judges in choosing between life imprisonment and a death sentence. The resulting ‘rarest of rare’ framework mandates sentencing courts to weigh aggravating and mitigating circumstances of the offence and the offender, while also considering probability of reformation, and the suitability of the alternative option of life imprisonment. Contrary to the special emphasis on the role of mitigating circumstances of the offender in Bachan Singh, the report found that trial courts across the three states had little regard for it. Trial courts were heavily driven by a crime–centric approach and did not consider mitigating circumstances in 51% of the total cases.Closely tied to the non–consideration of mitigating circumstances by trial courts is the duration between conviction and sentencing hearing. The Code of Criminal Procedure, 1973 (CrPC) under Section 235(2) provides for a bifurcated trial with separate conviction and sentencing hearings, to allow sufficient time to the defence lawyer to collect and present relevant mitigating evidence. However, the report found that in 44% of the cases, sentencing hearings took place on the same day as conviction. This also explains the dismal quality of sentencing arguments made by defence lawyers.Which of the following is correct and follows from the above premise?a)Courts employ crime centric approach to capital sentencing.b)Courts have faith in reformative approaches.c)Rights of the accused are placed above the rights of the victims.d)None of the above.Correct answer is option 'A'. Can you explain this answer?, a detailed solution for The capital sentencing framework in India developed in Bachan Singh sought to guide the discretionary power of judges in choosing between life imprisonment and a death sentence. The resulting ‘rarest of rare’ framework mandates sentencing courts to weigh aggravating and mitigating circumstances of the offence and the offender, while also considering probability of reformation, and the suitability of the alternative option of life imprisonment. Contrary to the special emphasis on the role of mitigating circumstances of the offender in Bachan Singh, the report found that trial courts across the three states had little regard for it. Trial courts were heavily driven by a crime–centric approach and did not consider mitigating circumstances in 51% of the total cases.Closely tied to the non–consideration of mitigating circumstances by trial courts is the duration between conviction and sentencing hearing. The Code of Criminal Procedure, 1973 (CrPC) under Section 235(2) provides for a bifurcated trial with separate conviction and sentencing hearings, to allow sufficient time to the defence lawyer to collect and present relevant mitigating evidence. However, the report found that in 44% of the cases, sentencing hearings took place on the same day as conviction. This also explains the dismal quality of sentencing arguments made by defence lawyers.Which of the following is correct and follows from the above premise?a)Courts employ crime centric approach to capital sentencing.b)Courts have faith in reformative approaches.c)Rights of the accused are placed above the rights of the victims.d)None of the above.Correct answer is option 'A'. Can you explain this answer? has been provided alongside types of The capital sentencing framework in India developed in Bachan Singh sought to guide the discretionary power of judges in choosing between life imprisonment and a death sentence. The resulting ‘rarest of rare’ framework mandates sentencing courts to weigh aggravating and mitigating circumstances of the offence and the offender, while also considering probability of reformation, and the suitability of the alternative option of life imprisonment. Contrary to the special emphasis on the role of mitigating circumstances of the offender in Bachan Singh, the report found that trial courts across the three states had little regard for it. Trial courts were heavily driven by a crime–centric approach and did not consider mitigating circumstances in 51% of the total cases.Closely tied to the non–consideration of mitigating circumstances by trial courts is the duration between conviction and sentencing hearing. The Code of Criminal Procedure, 1973 (CrPC) under Section 235(2) provides for a bifurcated trial with separate conviction and sentencing hearings, to allow sufficient time to the defence lawyer to collect and present relevant mitigating evidence. However, the report found that in 44% of the cases, sentencing hearings took place on the same day as conviction. This also explains the dismal quality of sentencing arguments made by defence lawyers.Which of the following is correct and follows from the above premise?a)Courts employ crime centric approach to capital sentencing.b)Courts have faith in reformative approaches.c)Rights of the accused are placed above the rights of the victims.d)None of the above.Correct answer is option 'A'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice The capital sentencing framework in India developed in Bachan Singh sought to guide the discretionary power of judges in choosing between life imprisonment and a death sentence. The resulting ‘rarest of rare’ framework mandates sentencing courts to weigh aggravating and mitigating circumstances of the offence and the offender, while also considering probability of reformation, and the suitability of the alternative option of life imprisonment. Contrary to the special emphasis on the role of mitigating circumstances of the offender in Bachan Singh, the report found that trial courts across the three states had little regard for it. Trial courts were heavily driven by a crime–centric approach and did not consider mitigating circumstances in 51% of the total cases.Closely tied to the non–consideration of mitigating circumstances by trial courts is the duration between conviction and sentencing hearing. The Code of Criminal Procedure, 1973 (CrPC) under Section 235(2) provides for a bifurcated trial with separate conviction and sentencing hearings, to allow sufficient time to the defence lawyer to collect and present relevant mitigating evidence. However, the report found that in 44% of the cases, sentencing hearings took place on the same day as conviction. This also explains the dismal quality of sentencing arguments made by defence lawyers.Which of the following is correct and follows from the above premise?a)Courts employ crime centric approach to capital sentencing.b)Courts have faith in reformative approaches.c)Rights of the accused are placed above the rights of the victims.d)None of the above.Correct answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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