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october 1991

Supreme Court of India · 1991-10-29

SMT. SHASHI NAYYAR vs UNION OF INDIA .

Citation / case number
SC 1991/75357
Court
Supreme Court of India
Petitioner
SMT. SHASHI NAYYAR
Respondent
UNION OF INDIA .
Author
SINGH, K.N. ,SAWANT, P.B.,KASLIWAL, N.M. ,JEEVAN REDDY, B.P. ,RAY, G.N.
Bench
SINGH, K.N. ,SAWANT, P.B.,KASLIWAL, N.M. ,JEEVAN REDDY, B.P. ,RAY, G.N.

Judgment text excerpt

The Supreme Court dismissed a writ petition under Article 32 challenging the validity of capital punishment, affirming that the death penalty, as per Section 302 IPC, is constitutional and should be awarded in the rarest of rare cases. The Court held that the procedure for awarding the death penalty does not violate Article 21, and that hanging is a scientifically accepted method of execution. The Court also noted that the death penalty serves a social purpose and has a deterrent effect, especially given the deteriorating law and order situation in the country.

SMT. SHASHI NAYYAR vs UNION OF INDIA . · Niyam