Browsing: criminal justice

The Supreme Court bench of Justices Dipankar Datta and A.G. Masih ordered the release of a man convicted in a 1981 murder case after confirming he was 12 years and 5 months old at the time of the offence. Citing Section 7-A of the Juvenile Justice Act, 2000, the Court held that a claim of juvenility can be raised at any stage and applies retrospectively. The bench ruled that custody beyond the three-year limit under juvenile law violates Article 21 and reaffirmed the rehabilitative nature of juvenile justice while criticizing past procedural lapses.

Global use of the death penalty is shrinking, with most executions concentrated in a few countries like China, Iran, and Saudi Arabia. Many nations have abolished it, and the UN supports a global moratorium. Supporters cite justice and deterrence, while opponents highlight wrongful convictions, discrimination, and human rights concerns. India retains capital punishment for the “rarest of the rare” cases but has not executed anyone since 2020. Courts are cautious, and legislative debates continue. Experts recommend clearer laws, judicial training, and exploring life imprisonment as a humane alternative while considering a formal moratorium.