DEATH PENALTY ON TRIAL: A CASE COMMENTARY ON BACHAN SINGH V. STATE OF PUNJAB

The Bachan Singh v. State of Punjab judgment serves as a pivotal judicial decision that transformed how India carried out death sentences by maintaining their constitutional validity but restricting their application through the 'rarest of the rare' principle. The judgment was delivered during a period when constitutional discussions occurred in India, and it addressed whether the death penalty under Section 302 of the Indian Penal Code and the sentencing rules of Section 354(3) of the Code of Criminal Procedure were constitutional. The case note analyses the judgment, which shows how Article 21 of the Indian Constitution conflicts with Indian Penal Code societal interests while presenting various viewpoints, including Justice P.N. Bhagwati's dissenting opinion against death penalty enforcement. The Bachan Singh judgment establishes a constitutional compromise regarding death penalty enforcement, which restricts death penalty usage yet fails to resolve the essential issue of capital punishment ethics.