Supreme Court · 2022 INSC 987 · Decided 19 September 2022

In Re: Framing Guidelines Regarding Potential Mitigating Circumstances to Be Considered While Imposing Death Sentences v. In Re: Framing Guidelines Regarding Potential Mitigating Circumstances to Be Considered While Imposing Death Sentences

Court
Supreme Court of India
Citation
2022 INSC 987 · [2022] 16 S.C.R. 543
Case number
SUO MOTO WRIT PETITION (CRIMINAL) No. 1/2022
Decided
19 September 2022
Bench
UDAY UMESH LALIT, S. RAVINDRA BHAT, SUDHANSHU DHULIA (3-judge bench)
Outcome
Matter referred to larger bench
Case type
Criminal
Acts & sections cited
CrPC Section 235, 309, 235(2); Constitution Article 32

Headnote

Code of Criminal Procedure, 1973 - ss. 235, 309 - Whether, after recording conviction for a capital offence, under law, the court is obligated to conduct a separate hearing on the issue of sentence to have clarity in the matter to ensure a uniform approach on the question of granting real and meaningful opportunity, as opposed to a formal hearing, to the accused/convict, on the issue of sentence - Matter referred to a larger bench of five Hon'ble Judges. Referring the

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