Commutation Of Death Penalty To Life Imprisonment
1. Introduction: Commutation of Death Penalty to Life Imprisonment
Commutation is the power to reduce a harsher punishment to a lesser one. In the context of the death penalty, commutation means reducing a sentence of death to life imprisonment.
Legal Basis:
Article 72 of the Constitution: Grants the President of India the power to commute sentences.
Section 435 of the Criminal Procedure Code (CrPC): Provides courts with power to commute death sentences.
Courts can also independently commute sentences based on grounds of mercy, mitigating circumstances, delay in execution, etc.
Reasons for Commutation:
Delay in execution of the death sentence (often termed as “inordinate delay”).
Juvenile age of accused at the time of crime.
Mental illness or unsoundness of mind.
Lack of evidence of extreme culpability.
Change in judicial or social attitude against death penalty.
Humanitarian grounds.
2. Key Principles Governing Commutation
Death penalty is awarded only in the rarest of rare cases (as held in Bachan Singh v. State of Punjab).
If the death sentence is delayed unduly, it may be commuted to life imprisonment.
Courts exercise this power cautiously, balancing retribution and mercy.
Commutation does not mean acquittal but is a reduction in punishment.
3. Important Case Laws on Commutation of Death Penalty to Life Imprisonment
Case 1: Bachan Singh v. State of Punjab, AIR 1980 SC 898
Facts: The apex court formulated the “rarest of rare” doctrine for awarding death penalty.
Significance: The death penalty should only be awarded in the rarest cases where life imprisonment is insufficient.
Relation to Commutation: This judgment set the foundation for commutation because if a case does not fall under the rarest of rare, death penalty can be commuted to life imprisonment.
Case 2: Shatrughan Chauhan v. Union of India, (2014) 3 SCC 1
Facts: The petitioner challenged delay in execution of death sentence.
Judgment: Supreme Court held that undue and inordinate delay in execution of death sentence (more than 5 years) amounts to cruel and inhuman treatment and can be a ground for commutation.
Significance: Delayed execution of death sentences is a valid ground for commutation to life imprisonment.
Case 3: Triveniben v. State of Gujarat, AIR 1989 SC 1987
Facts: The accused was sentenced to death, but there was a long delay before execution.
Judgment: The Court commuted the death sentence to life imprisonment, emphasizing that delay causes mental agony and uncertainty amounting to cruel treatment.
Significance: Reinforced the principle that delay can justify commutation.
Case 4: Machhi Singh v. Union of India, AIR 1983 SC 957
Facts: Conviction of multiple accused in a murder case; death penalty awarded.
Judgment: The Supreme Court laid down guidelines for awarding death penalty, focusing on the manner of commission, motive, impact, and number of victims.
Relation to Commutation: If these aggravating factors are absent or minimal, courts may commute death sentence to life imprisonment.
Case 5: Ravji @ Ravindra v. State of Rajasthan, (2017) 11 SCC 117
Facts: Death sentence awarded for murder; challenged based on delay and mitigating circumstances.
Judgment: Death sentence commuted to life imprisonment due to delay and absence of extreme brutality.
Significance: Affirmed the role of mitigating circumstances and delay as grounds for commutation.
Case 6: Surinder Koli v. State of Haryana, (2009) 9 SCC 1
Facts: Convicted for murder and sexual assault of children, death penalty awarded.
Judgment: Supreme Court upheld the death sentence due to heinous nature of crime but noted the importance of individual facts for commutation decisions.
Significance: Clarified that commutation depends on facts and circumstances of each case.
Case 7: Dhananjoy Chatterjee v. State of West Bengal, AIR 1994 SC 810
Facts: Death sentence awarded for rape and murder.
Judgment: Death penalty upheld as the crime was extremely brutal; however, court reiterated the importance of commutation in cases without extreme cruelty.
Significance: Highlighted that commutation is discretionary and based on the degree of brutality.
4. Grounds on Which Commutation is Usually Granted
Inordinate delay in execution.
Juvenile age (below 18 years) at the time of offence.
Convict suffering from mental illness or physical disability.
Lack of premeditation or extreme cruelty.
Humanitarian considerations or change in circumstances.
International human rights obligations and evolving standards.
5. Conclusion
Commutation of death penalty to life imprisonment is a judicial and executive tool to ensure that capital punishment is imposed fairly and humanely. Indian courts have progressively shaped the jurisprudence by balancing the need for deterrence and retribution with mercy and constitutional protections against cruel and unusual punishment. The principle of “rarest of rare” and concerns about delay and mental health remain central in commutation decisions.
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