111
These are hardly exhaustive; subsequently, this court in several judgments has
recognised, and considered commutation to life imprisonment, on grounds such
as young age111, socio-economic conditions112, mental illness113, criminal
antecedents114, as relevant indicators on the questions of sentence. Many of
these factors reflect demonstrable ability or merely the possibility even, of the
accused to reform (i.e. (3) and (4) of the Bachan Singh list), which make them
important indicators when it comes to sentencing.
Pre-sentence hearing – opportunity and obligation to provide material on the
accused
205. This court in Bachan Singh held that the introduction of pre-sentencing
hearing to the accused in 1973 through Section 235(2) CrPC altered the
Jagmohan Singh principle that the court is primarily concerned with the
circumstances connected with crime. Therefore, now due consideration has to
be given to the circumstances of the criminal as well, when adjudicating
whether the case falls within ‘rarest of rare’ and if the option of life
imprisonment as an alternative, is unquestionably foreclosed. In Bachan Singh,
this court categorically stated that, “the probability that the accused would not
commit criminal acts of violence as would constitute a continuing threat to the
society”, is a relevant circumstance, that must be given great weight in the
determination of sentence. The sentencing hearing contemplated under Section
235(2), is not confined merely to oral hearing but intended to afford a real
opportunity to the prosecution as well as the accused, to place on record facts
and material relating to various factors on the question of sentence and if
interested by either side, to have evidence adduced to show mitigating
111 Mahesh Dhanaji Shinde v. State of Maharashtra (2014) 4 SCC 292, Gurvail Singh v. State of Punjab
(2013) 2 SCC 713, etc.
112 Mulla & Anr. v. State of U.P. (2010) 3 SCC 508; Kamleshwar Paswan v. UT Chandigarh (2011) 11 SCC
564; Sunil Gaikwad v. State of Maharashtra (2014) 1 SCC 129.
113 Shatrughan Chauhan v. Union of India (2014) 3 SCC 1
114 Dilip Premnarayan Tiwari v. State of Maharashtra, (2010) 1 SCC 775
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents