Bachan Singh v. State Of Punjab

Legal Principle:

The Rarest of Rare Doctrine was formulated. This doctrine is the guiding principle for the application of the death penalty in India, ensuring that the punishment is only imposed in the most exceptional cases where the crime is so heinous that no other punishment would be appropriate.

Related Provisions:

Article 14: Right To Equality.

{The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.}

Article 21- Protection Of Life & Personal Liberty.

{No person shall be deprived of his life or personal liberty except according to procedure established by law.}

Section 302, IPC, 1860: Punishment For Murder.

{Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.}

Section 354(3), CrPC, 1973: Reasons For Sentence.

{When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence.}

Facts:

1. Bachan Singh had earlier been convicted for the murder of his wife under section 302 of the IPC and was sentenced to imprisonment. After serving his sentence, he was released.
2. Following his release, he went to live with his cousin, Hukam Singh. Hukam Singh’s wife and son objected to the appellant (Bachan Singh) living in their house. A few days prior to the occurrence Hukam Singh and his wife went to Nainital in connection with the marriage of their son, Desa Singh.
3. The incident took place on the night of 4 July 1977. On the night of the occurrence Hukam Singh, Durga Bai, Veeran Bai, and Vidya Bai (daughters of Hukam Singh) were in the house. Bachan Singh attacked members of his brother’s family with an axe. He:

District Court's Decision: The appellant was tried by the Sessions Judge, Ferozpur, on 3 charges of causing death of 3 persons and causing grievous injuries to one of the daughters. The Learned Judge found the appellant guilty of the three charges under Section 302 IPC and sentenced him to death on each count. He also found him guilty u/s 326 IPC, for causing grievous hurt to Vidya Bai and sentenced him to 3 years’ rigorous imprisonment and a fine of Rs. 500.

High Court's Decision: The Punjab and Haryana High Court observed that, the objection by Desa Singh, his mother and other family members was of a trifling nature on which the appellant acted in very cruel manner, The victims had no cause to suspect the intentions of the appellant and went to sleep. Taking advantage of the situation, when the victims could not defend, the appellant killed three and seriously injured the fourth. It was sheer luck that Vidya Bai survived. The manner in which the appellant perpetrated these crimes by killing these persons in their sleep is heinous. Under these circumstances, the case of the appellant for reduction of the sentence cannot be considered and in our view the sentence awarded by the Learned Trial Judge was the only appropriate sentence.

The matter was preferred as an appeal to the Supreme Court and issues were framed.

Issues Raised:

• Is the death penalty under Section 302 of the IPC unconstitutional and in violation of Articles 14, 19 and 21 of the Constitution?
• Whether the sentencing procedure provided in Section 354(3) of the CrPC, 1974 is unconstitutional on the ground that it invests the Court with unguided and untrammeled discretion and allows death sentence to be arbitrary or freakishly imposed on a person found guilty of murder or any other capital offence under the IPC with death or, in the alternative, with imprisonment for life.

Supreme Court's Judgement:

The Supreme Court, by a 4:1 majority, upheld the constitutional validity of the death penalty u/s 302 of the IPC and the sentencing procedure u/s 354(3) of the CrPC, 1973. Justice R.S.Sarkaria delivered the majority opinion, while Justice P.N. Bhagwati dissented. The Court held that the death penalty does not violate Articles 14, 19, and 21 of the constitution. Article 21 permits deprivation of life according to the procedure established by law, and the sentencing framework under the CrPC provide adequate procedural safeguards. Interpretation of Section 354(3) CrPC: The requirement of recording “special reasons” means that a judge must provide exceptional and convincing reasons for awarding the death sentence instead of life imprisonment. Mere conviction of murder does not automatically justify capital punishment. The death sentence is constitutional, but it should only be used in the most extreme instances, after considering mitigating and aggravating factors. Aggravating circumstances such as the brutality, manner, motive, and impact of the crime, along with mitigating circumstances such as the accused's age, mental condition, background, possibility of reform, and absence of prior criminal conduct, should be taken into consideration

Rarest of Rare Doctrine: The Court evolved the “Rarest of Rare” doctrine, holding that a sentence of death should be imposed only in the rarest of rare cases when the alternative option of life imprisonment in unquestionably foreclosed. Sentencing must be individualized and based on the facts of each case.

The Supreme Court dismissed the appeal, and rejected a challenge to the legality of Section 302 of IPC and Section 354(3) of CrPC, and upheld the constitutional validity of the death penalty, affirmed Bachan Singh's conviction and death sentence, and laid down the "Rarest of Rare" doctrine, making life imprisonment the normal rule and the death penalty the exception.

Dissent: Justice P.N. Bhagwati Dissented.