By Dr Swati Jindal Garg
The Supreme Court has, in its recent ruling in Aman Singh and Another vs State of Bihar, has delivered more than a stay on a death sentence—it has issued a blueprint for a more humane, rigorous, and constitutionally grounded sentencing process in capital cases.
A bench, comprising Justices Vikram Nath, Sandeep Mehta and Vijay Bishnoi, stayed the execution of a convict lodged in Bihar’s Buxar jail. Crucially, it also permitted mitigation experts linked to NALSAR University of Law to submit a detailed Mitigation Investigation Report within 20 weeks—signalling a shift towards structured, evidence-based sentencing.
CALLING FOR MITIGATION, NOT JUST CONDEMNATION
At the heart of the judgment lies a simple, but powerful idea—sentencing must be as nuanced as the human lives it judges. The Court criticised the absence of a “structured and measurable framework” for assessing mitigating circumstances and directed trial courts to mandatorily call for reports on both aggravating and mitigating factors immediately after conviction.
This directive builds on the landmark ruling in Bachan Singh vs State of Punjab, which established the “rarest of rare” doctrine. The Court reiterated that factors such as socio-economic background, mental health, and potential for reform are not peripheral—they are central to justice.
HUMANISING THE SENTENCING PROCESS
Too often, sentencing in capital cases has been dominated by the brutality of the crime, with little attention paid to the offender’s life story. The Court acknowledged this imbalance, noting that mitigation evidence is frequently considered too late—often only at the appellate stage.
By mandating early collection of probation reports, psychological evaluations, and prison conduct records, the Court aims to correct this distortion. The approach echoes Machhi Singh vs State of Punjab, which underscored that even in heinous crimes, the offender’s circumstances must inform punishment.
THE RISE OF MITIGATION SPECIALISTS
In a significant institutional innovation, the Court recognised the role of trained mitigation investigators. These specialists—often social workers, psychologists, and criminologists—can uncover layers of a convict’s life that traditional legal defence may miss.
This aligns with the reasoning in Santosh Kumar Satishbhushan Bariyar vs State of Maharashtra, where the Court warned against mechanical sentencing and emphasised individualised justice.
STRENGTHENING LEGAL AID
The judgment also addresses a chronic weakness in India’s criminal justice system: inadequate legal representation in death penalty cases. It directed Legal Services Committees to assign a three-lawyer team, including a senior advocate, to every such case—regardless of private counsel.
Further, the National Legal Services Authority has been tasked with framing standardised guidelines for socio-economic and psychological inquiries. This ensures consistency and depth in mitigation analysis nationwide.
The emphasis recalls Shatrughan Chauhan vs Union of India, where delays and mental health concerns were recognised as grounds for commuting death sentences.
BUILDING ON A CONSTITUTIONAL LEGACY
The Aman Singh ruling stands firmly within a long line of progressive jurisprudence. From Rajendra Prasad vs State of Uttar Pradesh to Swamy Shraddananda vs State of Karnataka and Manoj vs State of Madhya Pradesh, the Court has steadily moved towards a sentencing philosophy that privileges reform over retribution.
CORRECTING A SYSTEMIC GAP
A key concern addressed by the Court was the delayed consideration of mitigation. By the time such evidence surfaced—often at the Supreme Court stage—the opportunity for timely, meaningful sentencing had already passed.
By institutionalising mitigation at the trial stage, the Court has sought to restore balance and ensure that justice is not only done, but done in time.
A GLOBAL ECHO
India’s evolving stance resonates internationally. In the United States, cases like Lockett vs Ohio and Eddings vs Oklahoma established that all mitigating evidence must be considered in capital sentencing. Later rulings such as Atkins vs Virginia and Roper vs Simmons excluded vulnerable categories from the death penalty altogether.
IMPLICATIONS FOR THE FUTURE
The message of Aman Singh is clear: justice cannot be blind to humanity. The judgment marks a decisive shift from a crime-centric to a convict-centric approach—without diluting the gravity of the offence.
It underscores that the death penalty is not merely a legal sanction, but a moral choice, one that demands the highest standards of fairness, empathy, and constitutional fidelity.
In doing so, the Court has not abolished the death penalty—but has made it far harder to impose without deep, careful, and humane scrutiny.
—The author is an Advocate-on-Record practising in the Supreme Court,
Delhi High Court and all district courts and tribunals in Delhi
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