ValkyaEditorial

Tagged “sentencing”

4 articles on sentencing.

Landmark JudgmentSupreme Court of India

State of Tamil Nadu v. Ponnusamy: crime-scene re-enactment and Article 20(3)

On 19 May 2026, a two-judge bench held that a directed crime-scene re-enactment limited to physical movements does not per se amount to testimonial compulsion under Article 20(3); such material is admissible as corroborative — not substantive — evidence. Conviction restored on circumstantial proof; death sentence commuted to life.

Valkya Editorial··10 min
Landmark JudgmentSupreme Court of India

Mukesh v. State (NCT of Delhi): the Supreme Court's affirmation of the death sentence in the Nirbhaya case

On 5 May 2017, a three-judge bench of Justices Dipak Misra, R. Banumathi and Ashok Bhushan dismissed the appeals filed by the four adult convicts in the December 2012 Delhi gang-rape and murder — known to public memory as the Nirbhaya case — and affirmed the death sentence imposed by the Trial Court and confirmed by the Delhi High Court. The judgment applied the rarest-of-rare doctrine articulated in Bachan Singh v. State of Punjab (1980) and held that the offence fell within its scope. A digest of the holding, the doctrinal application, and the architecture of capital sentencing it confirms.

Valkya Editorial··9 min
Landmark JudgmentSupreme Court of India

Munna Moyuddin Shaikh v. State of Gujarat: modifying a life sentence to time served after twenty-three years in custody

On 26 May 2026, a Supreme Court bench of Justices K.V. Viswanathan and Vijay Bishnoi modified a life sentence to the period already undergone by the appellant — a man who had spent over twenty-three years in custody without remission. The judgment reaffirms the settled position that the imposition of a life sentence does not bar modification to a fixed-term sentence where the convict has already undergone more than 14 years of imprisonment, and reads against the architecture of remission and pre-mature release under the criminal-justice system.

Valkya Editorial··7 min
Landmark JudgmentSupreme Court of India

Mukesh Kumar Yadav v. State (UT of A&N): the appellate court that convicts must hear on sentence

A short judgment with a long reach. When the appellate court reverses an acquittal and finds the accused guilty for the first time, Section 386(a) CrPC requires it to itself hear the convict on sentence — not remit the matter to the trial court. A reading of the doctrinal point, the section it turns on, and how the rule travels onto BNSS Section 427.

Valkya Editorial··9 min