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november 1976

Supreme Court of India · 1976-11-29

AMRIT BHUSHAN GUPTA vs UNION OF INDIA AND ORS.

Citation / case number
SC 1976/60880
Court
Supreme Court of India
Petitioner
AMRIT BHUSHAN GUPTA
Respondent
UNION OF INDIA AND ORS.
Author
M. HAMEEDULLAH BEG
Bench
M. HAMEEDULLAH BEG

Judgment text excerpt

The Supreme Court held that a person convicted and sentenced to death who subsequently becomes insane cannot have the execution of their sentence stayed until they regain sanity. The Court emphasized that there is no provision in Indian law that allows for the prohibition of executing a death sentence on the grounds of insanity, as the law prioritizes societal protection. The appeal was dismissed, affirming that the legal framework does not support delaying execution based on the mental state of the convict post-sentencing under Section 84 IPC and Article 226 of the Constitution.

AMRIT BHUSHAN GUPTA vs UNION OF INDIA AND ORS. · Niyam