Punjab & Haryana High Court, Chandigarh
CitationAIR 1983 SC 361
CourtSupreme Court of India
Date16 February 1983
Year1983
BenchO. Chinnappa Reddy, R.B. Misra JJ.
Acts/ArticlesArticle 21, Article 32
CategoryConstitutional Law, Criminal Law

Key Principle Established

Delay exceeding two years in execution of death sentence entitles the prisoner to invoke Article 21 for commutation to life imprisonment.

Brief Facts

A death row prisoner had been condemned over 8 years ago and kept in solitary confinement. He argued that it was no longer lawful to execute him due to the prolonged delay.

Ratio Decidendi

The Court held that delay exceeding two years in execution of death sentence is sufficient to invoke Article 21 for commutation to life imprisonment. Prolonged delay on death row, with its psychological agony, constitutes cruel and inhuman punishment.

Impact & Significance

Though the rigid two-year rule was later modified by the Constitution Bench in Sher Singh v. State of Punjab (1983) and Triveniben (1988), the principle that unreasonable delay is a ground for commutation remains established law, as reaffirmed in Shatrughan Chauhan (2014).

Tags & Related Topics

Constitutional Law Criminal Law Article 21 Article 32
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Disclaimer

This judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).

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