Death penalties Aggravating and Mitigating circumstance

aggravating circumstances are concerned, they refer to the crime. They are: -

a. "if the murder has been committed after previous planning and involves extreme brutality; or

b. if the murder involves exceptional depravity; or

c. if the murder is of a member of any of the armed forces of the Union or of a member of any police force or of any public servant and was committed-

i. while such member or public servant was on duty; or

ii. in consequence of anything done or attempted to be done by such member or public servant in the lawful discharge of his duty as such member or public servant whether at the time of murder he was such member or public servant, as the case may be, or had ceased to be such member or public servant; or

d. if the murder is of a person who had acted in the lawful discharge of his duty under Section 43 of the Code of Criminal Procedure, 1973, or who had rendered assistance to a Magistrate or a police officer demanding his aid or requiring his assistance under Section 37 and Section 129 of the said Code."

 In so far as mitigating circumstances are concerned, they refer to the criminal. They are: -

1. "That the offence was committed under the influence of extreme mental or emotional disturbance.

2. The age of the accused. If the accused is young or old, he shall not be sentenced to death.

3. The probability that the accused would not commit criminal acts of violence as would constitute a continuing threat to society.

4. The probability that the accused can be reformed and rehabilitated. The State shall by evidence prove that the accused does not satisfy the conditions (3) and (4) above.

5. That in the facts and circumstances of the case the accused believed that he was morally justified in committing the offence.

6. That the accused acted under the duress or domination of another person.

7. That the condition of the accused showed that he was mentally defective and that the said defect impaired his capacity to appreciate the criminality of his conduct.

see-

1-           Bachan Singh v. State of Punjab, (1980) 2 SCC 684 

2-           Machhi Singh and Ors. v. State of Punjab, (1983) 3 SCC 470

3-           B.A. Umesh v. Registrar General, High Court of Karnataka, (2011) 3SCC 85 

4-           Sushil Murmu v. State of Jharkhand, (2004) 2 SCC 338

5-           Mohd. Chaman v. State (NCT of Delhi), (2001) 2 SCC 28

6-          Sebastian v. State of Kerala, (2010) 1 SCC 58 

7-          Rajesh Kumar v. State, (2011) 13 SCC 706

8-          Amit v. State of Uttar Pradesh, (2012) 4 SCC 107