New Click here to Enroll for SIDBI MSME Expert Classes by Experts

    Register

    Question

    In which of the following case the Supreme Court of

    India, declared Section 303-of the Indian Penal Code, 1860 as unconstitutional.
    A Ranbir Singh vs. State of Haryana (2009) 7 SCR 212 Correct Answer Incorrect Answer
    B Mithu vs. State of Punjab AIR 1983 SC 473 Correct Answer Incorrect Answer
    C Shivaji vs. State of Maharashtra AIR 2009 SC 56 Correct Answer Incorrect Answer
    D Satbir Singh vs. State of Punjab, AIR 2001 SC 2828 Correct Answer Incorrect Answer

    Solution

    In Mithu vs State of Punjab, a five-Judge Bench of the SC struck down Section 303 of the IPC, holding that the provision violated Articles 14 and 21 of the Constitution. As per Section 303, if a person undergoing life imprisonment committed murder, they would mandatorily be sentenced to death. The SC held that the provision drew an arbitrary distinction between persons committing murder and persons undergoing life imprisonment who committed murder. There was no rationale behind this distinction. Further, a mandatory death sentence prevents courts from exercising their discretion. 

    Practice Next