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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."

Directions: Read the following passage and answer the question.Initially, Section 304B of the Indian Penal Code came under much flak as it didnt prescribe death penalty which was provided for in case of murder. There was a proposal to amend this section and provide stricter punishment for dowry deaths. The 202nd report of Law Commission presented in 2007 did not approve of the proposed amendment as prosecution under Section 304B is no bar to prosecution for murder. Section 304B of the Indian Penal Code states that if a woman dies within seven years of marriage by any burns or bodily injury or it was revealed that before her death she was exposed to cruelty or harassment by her husband or any other relative of the husband in connection to demand dowry, then the death of the woman will be considered a dowry death. Punishment for dowry death is a minimum sentence of imprisonment for seven years or a maximum sentence of imprisonment for life.To hold a person under this section, it is required that death should be caused by burns or bodily injury or by any other circumstances and it must occur within the seven years of marriage. Also, it must be revealed that soon before her marriage she was exposed to cruelty or harassment by her husband or any other relative and that it was so in connection with the demand for dowry.As per Section 2 of the Dowry Prohibition Act, 1961, dowry is any property or valuable security directly or indirectly agreed to be given by one party to a marriage to the other party to the marriage or by the parent of either party to a marriage or by any other person, to either party to the marriage or to any other person, at or before or any time after the marriage in connection with the marriage of the said parties.Section 304B deals with both homicidal and suicidal deaths. These provisions show a marked departure from the ordinary principles of criminal law wherein its entirely upon the prosecution to prove the guilt of the accused beyond reasonable doubt. In cases of dowry death, the prosecution has to discharge the initial burden of ruling out the possibility of a natural death and adducing evidence of link between the death of the woman and cruelty related to dowry demand. Beyond this, the onus shifts onto the accused to prove his innocence.[Extracted, with edits and revisions, from Dowry Death under Section 304b of IPC & 113 B of Evidence Act, blog by Ipleaders]Q.What is the minimum punishment for a dowry death under Section 304B of the Indian Penal Code?

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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 2025 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 2025 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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