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Search Results Judgments > Phrase:CONSTITUTION OF INDIA Article 354

May 09 1980

Bachan Singh Vs. State of Punjab

  • Decided on : 09-May-1980

Court : Supreme Court of India

Reported in : (1982)3SCC24; [1983]1SCR145a

... guarantees or prohibitions contained in Articles 20 and 21 of our Constitution. India's commitment therefore does not go beyond what is provided in the Constitution and the Indian Penal Code and the Criminal Procedure Code. The Penal Code prescribes death penalty as an alternative punishment only for heinous crimes which are not more than seven in number. Section 354(3) of the Criminal Procedure ... affirmed by this Court, it may be commuted by the President of India under Article 72 or by the Governor under Article 161 of the Constitution in exercise of the power of clemency. The possibility of execution pursuant to a sentence of death is therefore almost negligible, particularly after the enactment of Section 354 Sub-section (3) of the CrPC 1973 and it is ... in India; (ii) the number of cases in which death sentence was executed in the various States and the various Union Territories; and (iii) the number of cases in which death sentence was commuted by the President of India under Article 72 or by the Governors under Article 161 of the Constitution. The statistical information sought by us was supplied by the Government of India ... the award of the death sentence as violative of Articles 19, 14 and 21, was repelled by the Constitution Bench in Jagmohai's case.(ii) In Jagmohan's case, the Constitution Bench held :The impossibility of laying down standards (in the matter of sentencing) is at the very core of criminal law as administered in India which invests the judges with a very ...

May 04 1979

BACHAN SINGH S/O SAUDAGAR SINGH Vs. STATE OF PUNJAB

  • Decided on : 04-May-1979

Court : Supreme Court of India

Reported in : (1982)3SCC24; 19831SCR145;

... guarantees or prohibitions contained in Articles 20 and 21 of our Constitution. India's commitment therefore does not go beyond what is provided in the Constitution and the Indian Penal Code and the Criminal Procedure Code. The Penal Code prescribes death penalty as an alternative punishment only for heinous crimes which are not more than seven in number. Section 354(3) of the Criminal Procedure ... affirmed by this Court, it may be commuted by the President of India under Article 72 or by the Governor under Article 161 of the Constitution in exercise of the power of clemency. The possibility of execution pursuant to a sentence of death is therefore almost negligible, particularly after the enactment of Section 354 Sub-section (3) of the CrPC 1973 and it is ... in India; (ii) the number of cases in which death sentence was executed in the various States and the various Union Territories; and (iii) the number of cases in which death sentence was commuted by the President of India under Article 72 or by the Governors under Article 161 of the Constitution. The statistical information sought by us was supplied by the Government of India ... the award of the death sentence as violative of Articles 19, 14 and 21, was repelled by the Constitution Bench in Jagmohai's case.(ii) In Jagmohan's case, the Constitution Bench held :The impossibility of laying down standards (in the matter of sentencing) is at the very core of criminal law as administered in India which invests the judges with a very ...

Aug 16 1982

Bachan Singh, Sher Singh and Anr. and Ujagar Singh and Anr. Vs. State ...

  • Decided on : 16-Aug-1982

Court : Supreme Court of India

Reported in : AIR1982SC1325

... affirmed by this Court, it may be commuted by the President of India under Article 72 or by the Governor under Article 161 of the Constitution in exercise of the power of clemency. The possibility of execution pursuant to a sentence of death is therefore almost negligible, particularly after the enactment of Section 354 Sub-section (3) of the CrPC 1973 and it is difficult ... in India; (ii) the number of cases in which death sentence was executed in the various States and the various Union Territories; and 30 (iii) the number of cases in which death sentence was commuted by the President of India under Article 72 or by the Governors under Article 161 of the Constitution. The statistical information sought by us was supplied by the Government of India ... has, become still more indefensible from the constitutional point of view. But the more important circumstance which has supervened since the decision in Jagmohan's case (supra)'is the new dimension of Articles 14 and 21 unfolded by this Court in Maneka Gandhi v. Union of India 1978 (2) SCR 663. This new dimension of Articles 14 and 21 renders the death penalty ... Governors under Article 161 of the Constitution. The statistical information sought by us was supplied by the Government of India and our attention was also drawn to the figures showing the total number of offences of murder committed inter alia during the years 1974-77. These figures showed that on an average about 17,000 offences of murder were committed in India every ...

May 26 2004

Sakshi Vs. Union of India (UOI) and Ors.

  • Decided on : 26-May-2004

Court : Supreme Court of India

Reported in : AIR2004SC3566; 2004(2)ALD(Cri)504; 2004(2)BLJR1378; 98(2004)CLT491(SC); 2004CriLJ2881; 112(2004)DLT457(SC); 2004(77)DRJ390; RLW2004(3)SC402; 2004(6)SCALE15; (2004)5SCC518;

... the same ought to be dealt with as sexual offences within the meaning of Section 375/376 IPC in violation of Articles 14 and 21 of the Constitution of India.8. It is submitted that Article 15(3) of the Constitution of India allows for the State to make special provision for women and children. It follows that 'special provision' necessarily implies 'adequate' provision. ... increase of violence, in particular sexual violence against women and children as well as the implementation of the provisions of Indian Penal Code namely Sections 377, 375/376 and 354 by the respondent authorities. The existing trend of the respondent authorities has been to treat sexual violence, other than penile/vaginal penetration, as lesser offences falling under either Section ... that reason fails the test of equality within the meaning of Article 14 of the Constitution of India.(h) Whether the. present narrow interpretation treating only eases of penile/vaginal penetration as rape, adversely affects the sexual integrity and autonomy of women and children in violation of Article 21 of Constitution of India.10. Counter affidavit on behalf of respondents No. 1 and 2 ... their agents on Section 375/376 renders the effectiveness of redress under the said Sections and in particular under Section 376(2)(f) meaningless in violation of Article 15(3) of the Constitution of India. The petitioner has also referred to the U.N. Right of Child Convention ratified by the respondent No. 1 on 11th December, 1993 as well as ...

May 13 2009

Santosh Kumar Satishbhushan Bariyar Vs. State of Maharashtra

  • Decided on : 13-May-2009

Court : Supreme Court of India

Reported in : 2009(57)BLJR2348; JT2009(7)SC248; 2009(7)SCALE341; (2009)6SCC498; 2009(6)LC2797(SC)

... the dictum of Bachan Singh (supra) according to which life imprisonment is the rule and death punishment is an exception. We are also governed by the Constitution of India. Article 14 and 21 are constitutional safeguards and define the framework for state in its functions, including penal functions. They introduce values of institutional propriety, in terms of fairness, reasonableness and ... punishment, substantively and procedurally.47. There are three broad values emerging from Bachan Singh (supra):1. INDIVIDUALIZED SENTENCING 48 . For an effective compliance of sentencing procedure under Section 354(3) and Section 235(2) Cr.P.C, sufficient discretion is a pre-condition. Strict channeling of discretion would also go against the founding principles of sentencing as ... not apply. We must read the said provision in the light of Article 21 of the Constitution of India.171. Law laid down by Bachan Singh (supra) and Machhi Singh (supra) interpreting Section 354(3) of the Code should be taken to be a part of our constitutional scheme.172. Although the Constitutional Bench judgment of the Supreme Court in Bachan Singh (supra) ... 354(3) of the Code provides for an exception. General rule of doctrine of proportionality, therefore, would not apply. We must read the said provision in the light of Article 21 of the Constitution of India.171. Law laid down by Bachan Singh (supra) and Machhi Singh (supra) interpreting Section 354(3) of the Code should be taken to be a part of our constitutional ...

Feb 09 1979

Rajendra Prasad Vs. State of Uttar Pradesh

  • Decided on : 09-Feb-1979

Court : Supreme Court of India

Reported in : AIR1979SC916; 1979CriLJ792; (1979)3SCC646; [1979]3SCR78

... India. The Impact of Ediga Annamma. Case-July 1977. conclusion that, at least in contemporary India, Mr. Justice Douglas' argument in Furman v. Georgia(l) is correct: that arbitrariness and uneven incidence are inherent and inevitable in a system of capital punishment; and that therefore- in Irritant constitutional terms, and in spite of Jagmohan Slngh-the-retention of such a system necessarily violates Article ... possible by long treatment in jail, if deterrence is possible by life-long prison terms, capital sentence may be misapplied. Death penalty is constitutionalised by reading into s. 354(3) Cr. P.C., those 'special reasons' which validate the sentence as reasonably necessitous and non- arbitrary, as just in the special societal circumstances.(1) Social justice turns ... their lives in the country's struggle for freedom. The citizen's right to life and personal liberty are guaranteed by Article 21 of the Constitution irrespective of his political beliefs, class, creed or religion. The Constitution has, by Article 21 itself forged certain procedural safeguards for protection to the citizen of his life and personal liberty. The idealistic considerations ... an appeal lies to this Court by a special leave under Article 136 on the question of sentence. Failing the appeal, there is the President's power to grant reprieve and pardon under Article 72(1), as well as the Governor's power of commutation under Article 161 of the Constitution which is a sovereign function. The power of the ...

Nov 12 2001

Ganesh Traders Vs. District Collector, Karimnagar and Ors.

  • Decided on : 12-Nov-2001

Court : Andhra Pradesh

Reported in : 2002(1)ALD210; 2002(1)ALD(Cri)137; 2002(1)ALT611; 2002CriLJ1105

... manufacturing liquor. In W.P.No. 354 of 2001 and W.P.No. 22705 of 2000 the learned Government Pleader has placed before us the report of the chemical examiner, which shows that the material seized from the petitioners contains debris, sand and other injurious substances. VIOLATION OF ARTICLE 20 OF THE CONSTITUTION OF INDIA:42. An argument is made that ... contains debris, sand and other injurious substances. VIOLATION OF ARTICLE 20 OF THE CONSTITUTION OF INDIA:42. An argument is made that the action of the excise officials in seizing black jaggery and the vehicle involved, denies protection in respect of conviction for offences guaranteed by Article 20 of the Constitution of India. The said Article reads thus: 20(1) No person shall be ... crime. 97. The question which now arises for consideration is whether this Court in its jurisdiction under Article 226 of the Constitution can quash the seizure and the criminal proceedings.98. For the purpose of invoking the jurisdiction of Article 226 of the Constitution of India and/or Sections 397 and 482 of the Code of Criminal Procedure, the allegations made in ... offence was committed. These two safeguards are provided under Article 20 of the Constitution of India. It is also well settled that Article 20(1) prohibits conviction of offence and not investigation or trialthereof. In SHIV BAHADUR v. THE STATE OF VINDHYA PRADESH, : 1954CriLJ1480 , the Supreme Court considered various aspects of Article 20 and it was observed that a person accused ...

Sep 23 1983

Deena alias Deen Dayal and Ors. Vs. Union of India (UOI) and Ors.

  • Decided on : 23-Sep-1983

Court : Supreme Court of India

Reported in : AIR1983SC1155; 1983CriLJ1602; 1983(2)Crimes770(SC); 1983(2)SCALE340; (1983)4SCC645; [1984]1SCR1

... the data on which reliance is or can be placed by the Union of India for discharging the burden which rests upon it for proving that the method of hanging prescribed by Section 354(5) of the Code does not violate the guarantee contained in Article 21 of the Constitution.62. Though it must be conceded that the various learned Counsel for the ... process, to apply them to cases arising under other articles of the Constitution, particularly Articles 19 and 21.16. The principle which underlies Article 14 is that equals must be treated equally, that is to say, that 'laws must operate equally on all persons under like circumstances Seervai's Constitutional Law of India, Third Edition, p. 296'. Article 14, though apparently absolute in its terms, permits ... Seervai's Constitutional Law of India, Third Edition, p. 296'. Article 14, though apparently absolute in its terms, permits the State to pass a law which makes a classification, so long as the classification is based on intelligible differentia having a real nexus with the object which is sought to be achieved by the law. In the generality of cases under Article 14, ... of Article 19 of the Constitution. We have already extracted the passage from the judgment delivered in that case by Hidayatullah, C.J., on which the learned Counsel relies. That passage shows that the Court was considering the argument advanced by the petitioners that the preferred-position doctrine, which was said to be in vogue in America, was applicable in India. The ...

Feb 24 2005

Government of Andhra Pradesh, General Administration Dept. and Ors. Vs ...

  • Decided on : 24-Feb-2005

Court : Andhra Pradesh

Reported in : 2005(3)ALT548

... . candidates alone as discriminatory, illegal and arbitrary and also violative of Articles 14 and 16 of the Constitution of India, as the same is based on 'descent' of an individual and violative of the Judgment in R.P.No. 2599/1987, dated 9-10-1987, as confirmed by the Supreme Court of India and consequently quash the Clause 3(a) of the Advertisement dated ... issued by the Government for filling up the posts of Deputy Superintendent of Police by direct recruitment. Two applicants challenged the ad hoc rules framed in G.O.Ms.No. 354 contending that excluding the posts under executive category in Police, Excise, Forest and Fire Service Departments was illegal and arbitrary and therefore, they sought appropriate directions in R.P.No ... of controversy that the recruitment to various posts in the Police force is required to be undertaken in accordance with the statutory rules prescribed and framed under proviso to Article 309 Constitution of India. It is also not in dispute that the Special Rules were framed in A.P. Police Subordinate Service in G.O.Ms.No. 1263, GAD dated 26-8-1959 ... ad hoc rules raising the age up to 27 years as one time measure. The following is the notification:'NOTIFICATIONIn exercise of the powers conferred by the proviso to Article of the Constitution of India, the Governor of Andhra Pradesh hereby makes the following Ad hoc Rule, namely:AD HOC RULENotwithstanding anything in the special rules for the Andhra Pradesh PoliceSubordinate Service Rules ...

Sep 20 1996

Balwinder Singh Vs. Union of India

  • Decided on : 20-Sep-1996

Court : Delhi

Reported in : 1996VAD(Delhi)257; 64(1996)DLT385; 1996(39)DRJ96

... section (3) of Section 354 of the Code of Criminal Procedure and in the alternative, in case provisions of sub- section (3) of Section 354 of Criminal Procedure Code . would not apply to a trial by a General Court Martial; in view of Article 21 of the Constitution of India as a fair, just ... to say the special reasons, as envisaged in Section 354(4) of the Criminal Procedure Code ., while imposing sentence of death, since it will be open for the High Court, when matter is brought before it under Article 226 of the Constitution of India for a judicial review to examine the question of ... . After confirmation of the findings and sentence and rejection of his petition. Major Budhwar had approached this Court with a petition under Article 226 of the Constitution of India, which was also dismissed. In the writ petition filed by the other two officers in this Court, they confined their challenge to ... 164(2) of the Army Act was also dismissed by the Central Government on 7.9.1994. Feeling aggrieved this petition under Article 226 of the Constitution of India was preferred on 12.12.1994 seeking writ, order or direction, including a writ in the nature of certiorari for quashing the ... special reasons, since life of an individual is involved, as a part of fair and reasonable procedure under Article 21 of the Constitution, as per the legislative mandate spelled out while enacting Section 354(3) of Criminal Procedure Code . recording of special reasons is to be considered as a reasonable and fair ...

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