Which of the following is true on the current death penalty jurisprudence in India?

Question

cdquestions Admin · Accepted Answer

The correct option is (C): The discretion in the matter of choosing between the sentences of death and life imprisonment is to be exercised by the judge after balancing all the aggravating and mitigating circumstances of the crime.

Answer

The option to impose a sentence of imprisonment for life cannot be conscientiously exercised having regard to the nature and circumstances of the crime and all the relevant circumstances.

Answer

The number of death ipso facto will be a relevant aggravating circumstance alone and the mental condition of the accused will be the relevant mitigating circumstance

Answer

The discretion in the matter of choosing between the sentences of death and life imprisonment is to be exercised by the judge after balancing all the aggravating and mitigating circumstances of the crime

Answer

The circumstances and the manner of committing the crime should be such that it pricks the judicial conscience of the Court to the extent that the only and inevitable conclusion should be awarding death penalty.

School of Jurisprudence	Description
1. Natural Law	A. Rules Based on reason
2. Analytical	B. Principles enforced by courts
3. Realism	C. Immutable and eternal rules based on moral/divine law
4. Philosophical	D. Law as it is

(A) Conditions for a Hindu Marriage	(i) Section 13
(B) Registration of Hindu Marriage	(ii) Section 10
(C) Judicial Separation	(iii) Section 5
(D) Divorce	(iv) Section 8

I. Arbitration of excepted matters	1. A. Ayyasamy v. A. Paramasivam, (2016) 10 SCC 386
II. Conditional Arbitration Clauses	2. In re - Interplay between Arb Agreements and Stamp Act 2023 INSC 1066
III. Separability of Arbitration Agreement - Kompetenz Kompetenz	3. Vulcan Insurance Co Ltd v. Maharaj Singh and Anr (1976) 1 SCC 943
IV. Arbitrability of fraud	4. Mitra Guha Builders (India) Co v. ONGC (2020) 3 SCC 222

I. Uti Possidetis	1. Principle in customary international law providing that where there has been a fundamental change of circumstances since an agreement was concluded, a party to that agreement may withdraw from or terminate it.
II. Pacta Sunt Servanda	2. Two or more states equally exercise sovereignty with respect to a territory and its inhabitants.
III. Condominium	3. Doctrine that territory remains with the possessor state at the end of war or occupation unless otherwise determined by a treaty or an agreement.
IV. Rebus Sic Stantibus	4. Proposition that treaties are binding upon the parties to them and must be performed in good faith.

Which of the following is true on the current death penalty jurisprudence in India?

The Correct Option is C

Solution and Explanation

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