112 circumstances to impose a lesser sentence or aggravating grounds to impose death penalty.115 206. In the absence of an individual’s capacity to effectively bring forth mitigating factors, this court in Bachan Singh placed the burden of eliciting mitigating circumstances on the court, which has to consider them liberally and expansively, whereas the responsibility of providing material to show that the accused is beyond the scope of reform or rehabilitation, thereby unquestionably foreclosing the option of life imprisonment and making it is a fit case for imposition of death penalty, is one which falls squarely on the State. This has been reiterated and further spelt out by this court in Santosh Bariyar, Rajesh Kumar, Chhannu Lal Verma, and other decisions116. In Santosh Bariyar, making observations on nature of information to be collected at the pre-sentencing stage, this court further observed that “56. At this stage, Bachan Singh [(1980) 2 SCC 684 : 1980 SCC (Cri) 580] informs the content of the sentencing hearing. The court must play a proactive role to record all relevant information at this stage. Some of the information relating to crime can be culled out from the phase prior to sentencing hearing. This information would include aspects relating to the nature, motive and impact of crime, culpability of convict, etc. Quality of evidence adduced is also a relevant factor. For instance, extent of reliance on circumstantial evidence or child witness plays an important role in the sentencing analysis. But what is sorely lacking, in most capital sentencing cases, is information relating to characteristics and socio-economic background of the offender. This issue was also raised in the 48th Report of the Law Commission.” (emphasis supplied) 207. The state’s duty is heightened in importance even more so, in the Indian context where a majority of the accused have a poor or rudimentary level of legal representation. The importance of collecting socio-economic factors in the context of our criminal justice system was critically noted by the 262 nd Report as follows: 115 Malkiat Singh and Ors. v. State of Punjab (1991) 4 SCC 341. 116 Muniappan v. State of T.N. (1981) 3 SCC 11; Anil @ Anthony Arikswamy Joseph v. State of Maharashtra, (2014) 4 SCC 69, etc.