Fact of the case :

In this case, Bachan Singh was accused of killing of his wife and children, Desa Singh, Durga Bai, and Veeran Bai, and was found guilty and given the death penalty in accordance with Section 302 of the Indian Penal Code (IPC) (S.103(1) BNS). 

His death sentence was upheld by the High Court. Bachan Singh and other inmates filed a special leave appeal with the Supreme Court where he questioned the constitutionality of the death sentence under section 302 of IPC (S 103(1) BNS) as well as the sentencing procedure described in Section 354(3) of the Code of Criminal Procedure, 1973, which requires judges to give special justifications for imposing the death penalty.

 Issue Involved 

Is the death penalty under Section 302 (S 103(1) BNS) of the IPC unconstitutional and in violation of Articles 14, 19, and 21 of the Constitution?

In this case the guidelines have been issued by the Supreme Court as to when the extreme sentence (death) should be awarded:

1. The extreme penalty of death need not to be inflicted except in gravest cases of extreme culpability 

2. Before opting for the death penalty, the circumstances of the 'offender' also require to be taken into consideration along with the circumstances of the 'crime'. 

3. Life imprisonment is the rule and death sentence is an exception. 

4. A balance sheet of aggravating and mitigating circumstances has to be drawn up and in doing so the mitigating circumstances has to be accorded full weightage and a just balance has to be struck between the aggravating and the mitigating circumstances before such option is exercised. 

Held : The Supreme Court upheld the constitutionality of the death penalty under Section 302 of the IPC (S 103(1) BNS).