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Mandatory death penalty unconstitutional – Supreme Court
Case Law Details
- Case Name
- State of Punjab Vs Dalbir Singh (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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The Supreme Court has ruled that mandatory death penalty for an offender under the Arms Act was unconstitutional as it violated fundamental rights guaranteed to a citizen.A bench of Justices Asok Kumar Ganguly (since retd) and J S Khehar said Section 27(3) of the Arms Act, which imposed mandatory death penalty, was also “ultra vires and void” as it restricts the powers of the court in awarding sentences to an accused in such cases.
“A law which is not consistent with notions of fairness while it imposes an irreversible penalty like death penalty is repugnant to the concept of...




