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P.N.BHAGWATI
Bachan Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Bhagwati, J. - These writ petitions challenge the constitutional validity of Section 302 of the Penal Code read with Section 354, sub-section (3) of the Criminal Procedure Code in so far as it provides death sentence as an alternative punishment for the offence of murder. There are several grounds on which the constitutional validity of the death penalty provided in Section 302 of the Penal Code read with Section 354 sub-and (3) of the Criminal Procedure Code is assailed before us but it is not necessary to set them out at this stage, for I propose to deal with them when I examine the arguments advanced on behalf of the parties. Suffice it to state for the present that I find considerable force in some of these grounds and in my view, the constitutional validity of The death penalty provided as an alternative punishment in Section 302 of the Indian Penal Code read with Section 354 sub-section (3) of the Code, of Criminal Procedure cannot be sustained. I am conscious that my learned brethren on the Bench who constitute the majority have taken a different view and upheld the constitutional validity of the death penalty but, with the greatest respect to them and in all humilit
None of the cases listed explicitly indicate that they have been overruled, reversed, or explicitly treated as bad law. The references primarily show that these cases have been cited or applied in subsequent rulings, but there is no clear language indicating negative treatment or disapproval. Therefore, no cases are identified as bad law based on the provided information.
Followed/Applied:
State Of Bihar VS Onkar Nath Singh @ Sheru Singh - 2020 0 Supreme(Pat) 17: Singh Versus State of Punjab — The case notes the doctrine of "rarest of the rare cases" as coined in Bachan Singh, implying it has been cited as a foundational or guiding precedent.
State of Assam vs Sanjay Rajowar S/o Late Babu Rajowar - 2025 0 Supreme(Gau) 1271: State of Punjab (supra), Bachan Singh Vs. State of Punjab (Supra) have been duly applied. This indicates that the principles from Bachan Singh are still considered authoritative and have been followed in subsequent rulings.
In Reference vs Jitendra Purviya - 2025 Supreme(Online)(MP) 6351: State of Punjab, (1983) 3 SCC 470; Bachan Singh v. ... The mention suggests continued reliance on Bachan Singh's framework, including the "collective conscience" test.
State of Maharashtra VS Baburao Ukandu Sangerao - 2023 0 Supreme(Bom) 1794: The list references multiple cases including Santa Singh v. State of Punjab and others, citing their relevance and application, which indicates these cases are being treated as valid and relevant legal precedents.
Criticized/Questioned:
The list does not contain any explicit language indicating criticism or questioning of any case law.
Uncertain/Unclear Treatment:
The references to "rarest of the rare cases" and the "collective conscience" test suggest ongoing judicial reliance, but without explicit treatment language, the precise nature of how these cases are treated (e.g., whether they are still good law or have been limited) remains unclear.
The phrase "have been duly applied" suggests adherence but does not confirm whether these cases are still considered good law without any subsequent overruling or modification.
In summary, the provided references do not explicitly indicate that any case has been overruled or treated as bad law. Most references suggest these cases are still considered relevant and have been followed or applied in later decisions.
None of the cases listed show clear signs of being overruled or explicitly criticized, but the absence of explicit treatment language and the presence of references to foundational cases like Bachan Singh imply some uncertainty about their current legal standing. Therefore, all cases are categorized as having uncertain treatment status due to lack of explicit indicators.
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