Full Judgment Text
2026 INSC 424
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). OF 2026
(Arising out of SLP (Criminal) No(s). of 2026)
(Diary No(s). 24574 of 2026)
AMAN SINGH & ANR. ….APPELLANT(S)
VERSUS
STATE OF BIHAR ….RESPONDENT(S)
O R D E R
1. Heard.
2.
Leave granted.
3.
These proceedings arise from the judgment
and order dated 22.01.2026 of the High Court
of Patna in Death Reference No.2/2024 and
Criminal Appeal (DB) No.691 of 2024.
Signature Not Verified
Digitally signed by
NEETU KHAJURIA
Date: 2026.04.28
17:25:55 IST
Reason:
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4. The execution of the death sentence of the
appellant(s) shall remain stayed pending the
hearing and final disposal of the present
appeal(s).
5.
The original record of the case be summoned
from the Trial Court and the High Court. A
copy of the translated record shall be supplied
to the counsel for the parties.
6.
In view of the orders passed by this Court in
matters involving capital punishment, we issue
the following directions:
a.
The respondent-State of Bihar shall place
before this Court the report(s) of all the
Probation Officers relating to the appellant(s)
within a period of sixteen (16) weeks.
b. The Superintendent of Prison, Buxar Jail,
Bihar, shall submit a report with regard to
the nature of work which have been
performed by the appellant(s) while in jail
and a report with regard to the conduct and
behaviour of the appellant(s) while in jail
within a period of sixteen (16) weeks.
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c. The Superintendent of Prison, Buxar Jail,
Bihar, shall also get done the psychological
evaluation of the appellant(s) from the
Government Medical Hospital. The report of
the evaluation shall be submitted to this
Court through the Standing Counsel for the
State of Bihar within a period of period of
sixteen (16) weeks.
d. Ms. Devika Rawat, Associate (Mitigation) and
Ms. Sana Vohra, Associated with the Square
Circle Clinic, NALSAR University of Law, are
permitted to have access to the appellant(s) –
Aman Singh and Sonal Singh respectively,
who are presently lodged in Buxar Jail,
Bihar, to conduct multiple in-person
interviews for the purpose of collecting
information relevant to sentencing and to
submit a Mitigation Investigation Report on
behalf of the appellant(s) through the
appellants’ Advocate-on-Record within
twenty (20) weeks.
e. The Superintendent, Buxar Jail, Bihar, shall
ensure that, for the sake of confidentiality,
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these interviews shall be conducted in a
separate interviewing space without any
prison official or police staff being within
earshot distance, and audio recorders be
permitted to be used to record the
interviews.
f. The person(s) nominated by Ms. Devika
Rawat and Ms. Sana Vohra are permitted to
accompany them to translate during the
interview.
g. Ms. Devika Rawat and Ms. Sana Vohra are
granted permission to obtain documents
pertaining to the appellant(s), including but
not limited to medical records, jail conduct,
certificates of any educational, vocational or
employment opportunities undertaken, etc.
that the appellant(s) may wish to submit for
the purpose of sentencing information.
7. The Registry is directed to transmit a copy of
this order to the Standing Counsel for the State
of Bihar, who shall, in turn, ensure that the
order is communicated to the relevant
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authorities for compliance. The Registry shall,
in addition, send a due intimation to all the
concerned authorities immediately for
compliance.
8.
All the reports shall be duly compiled and
placed before this Court on the next date of
hearing.
9.
Learned counsel for the parties to assist the
Registry in pagination of the record.
10.
At this juncture, we are inclined to consider
an issue which has repeatedly engaged the
attention of this Court in cases involving
the imposition of the death penalty. In
Manoj and Ors. v. State of Madhya
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Pradesh , this Court in the context of death
reference cases, underscored that while
reformation is a foundational goal of
criminal punishment, repeatedly affirmed in
its jurisprudence, the absence of a
structured and measurable framework,
coupled with the inadequate
implementation of meaningful prison
1 (2023) 2 SCC 353.
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reforms, has significantly hampered the
system’s ability to achieve genuine
rehabilitation. In this backdrop, the Court
proposed the formulation of practical
guidelines to aid courts in systematically
collecting and evaluating mitigating
circumstances, moving beyond vague
considerations such as general conduct or
family background, and thereby enabling a
more informed assessment of an accused’s
potential for reformation, while also serving
as a precursor to a comprehensive
legislative framework. Crucially, the Court
emphasized that it is incumbent upon trial
Courts to consider such mitigating
circumstances at the earliest possible stage
of proceedings in cases involving a potential
death sentence, so as to ensure a balanced
sentencing approach and to avoid slipping
into a purely retributive response driven by
the brutality of the crime, an outcome that
the Court observed has become increasingly
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common by the time such matters reach
the appellate stage.
11. However, we are constrained to take note of a
troubling trend being presented in multiple
cases wherein reports on mitigating and
aggravating circumstances are not being called
for at the earliest stages of proceedings in a
case involving a potential death sentence,
namely, at the stage of sentencing before the
trial Court or even at the stage of the reference
for confirmation before the High Court. This
omission creates a piquant situation in which
such crucial material is, for the first time,
sought only at the stage of appeal before this
Court, thereby causing a long gap and
avoidable delay in the collection of information
essential for a proper, timely and informed
determination on the question of sentence.
Delayed consideration of these factors
undermines the very objective of a balanced
sentencing process and impedes the
meaningful application of reformative
principles.
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12. It is also necessary to note that in a significant
number of cases involving a potential death
sentence, the quality of defence afforded to the
accused remains inadequate, resulting in
ineffective legal representation at crucial stages
of the proceedings. Such deficiencies are often
reflected in lackadaisical investigation and
slackness in trial proceedings. There is hardly
any attempt to collect data relating to
mitigating and aggravating circumstances,
thereby depriving the Courts of a complete and
balanced perspective necessary for a just
determination and imposition of sentence. The
absence of competent and effective prosecution
and defence not only undermines the fairness
of the process but also increases the risk of a
disproportionate, unjust, and uninformed
sentencing outcome. This state of affairs
renders it expedient to strengthen the legal aid
framework in such cases, by ensuring the
provision of skilled and adequately resourced
legal representation, so that the accused is
effectively assisted and the Court is
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meaningfully aided in discharging its functions
in accordance with constitutional principles.
13.
In wake of the above discussion and the
concerns noted in the preceding paras
particularly in relation to the ineffective
consideration of mitigating and aggravating
circumstances and the need to ensure
meaningful legal representation in cases
involving a potential death sentence, the
following directions are being issued: -
A. The report pertaining to aggravating and
mitigating circumstances shall, as a
matter of course, be called for by the trial
Court itself once the accused is
convicted, prior to the determination of
sentence.
B. In the event such a report has not been
called for or placed on record before the
trial Court, the High Court shall
mandatorily call for the same at the stage
of admission of the death reference.
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C. The concerned authorities shall ensure
that such reports are comprehensive,
duly verified, and furnished within a
stipulated timeframe so as to avoid any
delay in the adjudicatory process, and to
aid and enable the Courts to undertake a
meaningful, informed, and
constitutionally compliant sentencing
exercise. Upon receipt of such report, the
Court concerned shall afford adequate
opportunity to the parties to peruse the
same and to advance oral submissions
thereon. In cases where the reports
procured by the trial Court are found to
be ineffective or lacking in proper details,
the High Court would be at liberty to call
for a fresh report.
D. In every death sentence confirmation
reference brought before the High Courts
and this Court, the Legal Services
Committee concerned shall assign a
dedicated legal team comprising one
Senior Counsel and at least two advocates
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having a minimum of 7 years practice, to
represent the convicted person. Such
representation shall be provided
irrespective of whether the convict has
engaged private counsel, so as to ensure
full and effective assistance to the Court
in matters involving death penalty, which
necessitate a careful balancing of the
interests of justice, societal concerns,
and the possibility of reformation and
rehabilitation. The appointed legal team
shall be furnished with the complete case
records and afforded adequate time to
prepare, conduct research, and present a
comprehensive assessment of mitigating
circumstances. The legal aid team so
appointed shall work in cohesion with the
representing private counsel, if any.
E. Each High Court, under the aegis of the
High Court Legal Services Committee,
shall constitute and maintain a dedicated
panel of advocates for handling death
reference matters.
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F. The National Legal Services Authority
shall frame and circulate appropriate
guidelines identifying the relevant fields
of enquiry for gathering mitigating
circumstances and may engage trained
teams, including legal and social science
professionals, to undertake fieldwork
involving interaction with the convict,
their family, and relevant authorities, for
the purpose of collecting detailed
information regarding background,
antecedents, socio-economic conditions,
mental health status, and other relevant
factors. Such information shall be made
available to the appointed legal team,
which shall, in turn, place before the
Court a holistic and well-documented
account of the convict’s potential for
reformation along with all pertinent
mitigating and aggravating circumstances
to assist in a just and informed
determination of sentence.
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14. The Registry shall forthwith communicate this
order to all the High Courts through their
respective Registrar Generals; Member
Secretary, National Legal Services Authority;
and Member Secretaries of Legal Services
Authorities of all the States and Union
Territories for necessary compliance.
15.
List the matter after twenty (20) weeks along
with the report(s).
….……………………J.
(VIKRAM NATH)
...…………………….J.
(SANDEEP MEHTA)
...…………………….J.
(VIJAY BISHNOI)
NEW DELHI;
th
27 APRIL, 2026.
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