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Question

Legal Studies Question on Jurisprudence

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

A

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.

B

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

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

D

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.

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

Explanation

Solution

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.