The Supreme Court on Monday, 19 September, referred to a five-judge Constitution bench a suo motu plea on framing of guidelines on how and when potential mitigating circumstances be considered by courts during trial in cases which entail the death penalty as the maximum punishment.
A bench headed by Chief Justice Uday Umesh Lalit said it was of the opinion that this matter required a hearing by a larger bench to have clarity and uniform approach as to when an accused, facing death penalty as maximum sentence, is required to be heard with regard to mitigating circumstances.
“Let matter be placed before the CJI for orders in this regard,” Justice S Ravindra Bhat said while pronouncing the verdict.

