Supreme Court · 1983 INSC 126 · Decided 23 September 1983
Deena@deen Dayal ETC. ETC. v. Union of India and Others
- Court
- Supreme Court of India
- Citation
- 1983 INSC 126 · [1984] 1 S.C.R. 1
- Case number
- WRIT PETITION (CIVIL) No. 503/1983
- Decided
- 23 September 1983
- Bench
- Y.V. CHANDRACHUD, R.S. PATHAK, SABYASACHI MUKHERJI (3-judge bench)
- Outcome
- Dismissed
- Case type
- Writ / Constitutional
- Acts & sections cited
- CrPC Section 354(5); Constitution Article 21, 72(l)(c)
Headnote
Code of Criminal Procedure, 1973-S. {54(5)-Exbition of death sentence-Hanging by rope-Whether violative of Art. 21 ? Constitution of India, 1950-Art. 21-Execution of sentences lawfully imposed-Mandate of Art. 21 is that sentence shall not be executed in a cruel, barbarous or degradini manner. 21-Burden of proof-lf it ap/;ears that a person is beingdperived of his life or personal liberty, the burden is on the State to establish the constitutional validity of ilnpugned iaw. Judicial Review-To pronounce upon constitutionality of law· is not legislating even if su<h
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