Breaking Supreme Court of India Advocates Balanced Approach to Diwali Firecracker Regulations
New Delhi · Wednesday, 28 October 2026
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Supreme Court of India 2017-02-03 partly_allowed

Mukesh & Anr vs State for NCT of Delhi & Ors

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court considered a special leave petition against death sentences imposed for a serious criminal offence. The Court found that both the trial court and High Court had failed to comply with Section 235(2) of the Criminal Procedure Code, which requires courts to hear the accused on the question of sentence before imposing punishment. The Court held that this requirement is mandatory, not merely procedural, and non-compliance vitiates the sentence. The Court reaffirmed that death penalty is imposed only in the 'rarest of rare' cases and directed the accused to file affidavits detailing mitigating circumstances. The Court adjourned the matter to properly consider the sentence after examining all relevant materials and arguments from both the accused and prosecution.

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Criminal Procedure Capital Punishment Death Sentence Sentencing Right to be Heard Procedural Justice

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