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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."
  • a)
    Only I
  • b)
    I and II
  • c)
    II and III
  • d)
    I, II and III
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
The capital sentencing framework in India developed in Bachan Singh s...
Option (b) is the right choice as statements I and II bring out the problems that are being faced. Statement III is incorrect as it is not the right approach. Hence (b) is the right answer.
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The Juvenile Justice (Care and Protection of Children) Act is related to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation. A juvenile in conflict with law, if apprehended, has to be placed immediately under the care of the special juvenile police unit or a designated child welfare officer. The child has to be produced before the Juvenile Justice Board (JJB). The Supreme Court has made it clear that the police have no right to detain children in conflict with law in a lockup or a jail.Additionally, Section 21 of The Juvenile Justice (Care and Protection of Children) Act, 2015 says "No child in conflict with law shall be sentenced to death or for life imprisonment without the possibility of release, for any such offence, either under the provisions of this Act or under the provisions of the Indian Penal Code or any other law for the time being in force."Maximum sentence which can be imposed is 3 years not beyond that. Once a child is produced before a JJB, bail is the rule. And even if, for some reason, bail is not granted, a child cannot be put behind bars. He has to be lodged either in an observation home or in a place of safety. The law is meant to protect children and not detain them in jail or keep them in police custody. The police cannot torture children.If it comes to the knowledge of the JJBs that a child has been detained in prison or police lockup, they should ensure that the child is immediately granted bail or sent to an observation home or a place of safety.The Act cannot be flouted by anybody, least of all by the police. The concept of justice is limited in itself, and does not address the needs of the child and family. Several times, the victims have an emotional turmoil around the court system itself. It aims to address what the child victim really needs and could even be after the criminal justice system.Q. If it is declared that retribution has no Constitutional value in the country. Simultaneously, Section 21 has been amended making way for the life imprisonment and death penalty. Based on the inference drawn, what should be the author's stand on this amendment?Correct Answer is ( d) Principle of law says that "retribution has no Constitutional value in the country." Section 21 is attracted when someone is sentenced to death or for life imprisonment. Herein retribution has been outlawed by the constitution therefore, only option (d) reflects the balanced reasoning and aligns with the given principle of law.Incorrect Answers None of the other options sets out views that are consistent with those of the author in the passage above and principle of law given.

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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."a)Only Ib)I and IIc)II and IIId)I, II and IIICorrect answer is option 'B'. 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 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."a)Only Ib)I and IIc)II and IIId)I, II and IIICorrect answer is option 'B'. 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 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."a)Only Ib)I and IIc)II and IIId)I, II and IIICorrect answer is option 'B'. 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 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."a)Only Ib)I and IIc)II and IIId)I, II and IIICorrect answer is option 'B'. 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 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."a)Only Ib)I and IIc)II and IIId)I, II and IIICorrect answer is option 'B'. 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 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."a)Only Ib)I and IIc)II and IIId)I, II and IIICorrect answer is option 'B'. 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 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."a)Only Ib)I and IIc)II and IIId)I, II and IIICorrect answer is option 'B'. 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 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."a)Only Ib)I and IIc)II and IIId)I, II and IIICorrect answer is option 'B'. 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 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."a)Only Ib)I and IIc)II and IIId)I, II and IIICorrect answer is option 'B'. 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 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."a)Only Ib)I and IIc)II and IIId)I, II and IIICorrect answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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