BACHAN SINGH S/O SAUDAGAR SINGH vs STATE OF PUNJAB

The Supreme Court addressed the imposition of the death penalty under Section 367(5) of the Code of Criminal Procedure, emphasizing that after the 1955 amendment, the court's discretion in sentencing became broader, and it is no longer obligatory to state reasons for not imposing the death penalty. The Court reiterated that under Section 354(3) of the 1973 Code, special reasons must be recorded for a death sentence, establishing that life imprisonment is the normal sentence. The case was referred to a larger bench to resolve inconsistencies in previous judgments, particularly regarding the precedential value of Rajendra Prasad's case.