principles laid down in Bachan Singh (supra) and have also taken
forward
the
application
of
the
principles
to
reduce
such
inconsistencies. In Santosh Bariyar (supra), the Court noted the
global move away from death penalty and observed:
“109. …it is now clear that even the balance sheet
of aggravating and mitigating circumstances
approach invoked on a case-by-case basis has not
worked sufficiently well so as to remove the vice of
arbitrariness from our capital sentencing system. It
can be safely said that the Bachan Singh threshold
of “the rarest of rare cases” has been most variedly
and inconsistently applied by the various High
Courts as also this Court.
110. At this point we also wish to point out that the
uncertainty in the law of capital sentencing has
special consequence as the matter relates to death
penalty—the gravest penalty arriving out of the
exercise of extraordinarily wide sentencing
discretion, which is irrevocable in nature. This
extremely uneven application of Bachan Singh has
given rise to a state of uncertainty in capital
sentencing law which clearly falls foul of
constitutional due process and equality principle.
The situation is unviable as legal discretion which is
conferred on the executive or the judiciary is only
sustainable in law if there is any indication, either
through law or precedent, as to the scope of the
discretion and the manner of its exercise. There
should also be sufficient clarity having regard to the
legitimate aim of the measure in question. The
Constitution of India provides for safeguards to give
the individual adequate protection against arbitrary
imposition of criminal punishment.”
20.
In Sangeet v. State of Haryana6 the Court notes that
“30. The
application
of
6 (2013) 2 SCC 452
19
the
sentencing
policy
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