death sentence arises. The following propositions emerge
from Bachan Singh case:
(i) The extreme penalty of death need not be
inflicted except in gravest cases of extreme
culpability.
(ii) Before opting for the death penalty the
circumstances of the ‘offender’ also require to be
taken into consideration along with the
circumstances of the ‘crime’.
(iii) Life imprisonment is the rule and death
sentence is an exception. In other words death
sentence must be imposed only when life
imprisonment appears to be an altogether
inadequate punishment having regard to the
relevant circumstances of the crime, and
provided, and only provided, the option to impose
sentence of imprisonment for life cannot be
conscientiously exercised having regard to the
nature and circumstances of the crime and all the
relevant circumstances.
(iv) A balance sheet of aggravating and
mitigating circumstances has to be drawn up and
in doing so the mitigating circumstances have to
be accorded full weightage and a just balance
has to be struck between the aggravating and
the mitigating circumstances before the option is
exercised.
39. In order to apply these guidelines inter alia the following
questions may be asked and answered:
(a) Is there something uncommon about the
crime which renders sentence of imprisonment
for life inadequate and calls for a death
sentence?
(b) Are the circumstances of the crime such that
there is no alternative but to impose death
sentence even after according maximum
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