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Is Section 303 IPC still valid?
In this case Section 303 under Indian Penal Code was declared unconstitutional because it is violative of Article 14 and Article 21 of the Constitution of India. Now it is no longer available, for conviction of any offender. A conviction under this section will be altered to one under Section 302.
What was section 303?
Section 303 in The Indian Penal Code. 303. Punishment for murder by life-convict. —Whoever, being under sentence of 1[imprisonment for life], commits murder, shall be punished with death.
In which one of the following cases the Supreme Court has held unconstitutional to the section 303 of the IPC?
In Mithu v. State of Punjab, AIR 1983 SC 473 : 1983 Cri LJ 811 the Supreme Court has held Section 303, I. P. C. as unconstitutional because the section has made the procedures laid down in Sections 235 (2) and 354 (3) of Criminal Procedure Code for trial meaningless.
What is Mithu Singh case?
— Mithu Singh, the accused-appellant, and one Bharpur Singh were tried on charge under Sections 302/34 IPC for the murder of Gurdial Kaur on 17-8-1985 at Village Bhame Kalan, District Bhatinda.
Is Section 303 IPC unconstitutional?
303, I.P.C. is unconstitutional not only for the reason that it is unreasonable and arbitrary but also because it authorises deprivation of life by an unjust and unfair procedure. Counsel for respondents on the other hand contended that since the validity of death sentence has been upheld in Bachan Singh and since s.
Who was hanged first in India?
Rasha alias Raghuraj Singh
Rasha alias Raghuraj Singh, executed on 9 September 1947 at Jabalpur Central Jail, is presumed to be the first person executed in independent India.
Is culpable homicide a crime?
Culpable Homicide is committed where the accused has caused loss of life through wrongful conduct but where there was no intention to kill or “wicked recklessness”. It is an offence under Common Law and is roughly equivalent to the offence of manslaughter in English and Welsh law.
Is Section 303 of IPC unlawful?
However, the procedure by which section 303 authorizes the deprivation of life is unfair and vile, the section is unlawful. Under Mithu Singh case, The court said that there is no logical distinction in punishments of the person committing murder who is under life imprisonment and a person who commits murder and they are not under a life sentence.
What is the Supreme Court case Mithu v Punjab?
In Mithu vs State of Punjab (1983), the Supreme Court ruled that the mandatory death penalty is unconstitutional. It struck down Section 303 in the IPC, which entailed a mandatory death sentence for a person who commits murder while serving a life term in another case.
What was the Mithu Singh case?
The Mithu Singh case was the first case that questioned the validity of S. 303 of the the Indian penal code on the basis of its constitutional validity.
Does section 303 of Indian Penal Code violate Article 21?
The constitutional validity if the S. 303 of Indian Penal Code was challenged on the ground that it violates Article 21 of the Indian Constitution. Article 21 says that ‘No person shall be deprived of his life or personal liberty except as the procedure established by the law.